Weise v. Goldman

Opinion by

Hoffman, J.,

The sole issue is whether a lower court has the authority to enter an order while an appeal is pending in the appellate courts.

The appellee, plaintiff below, is an architect who instituted a suit in assumpsit for past due fees. A default judgment was taken when the defendant failed either to enter an appearance or answer the Complaint for 161 days. Defendant filed a petition to open judgment 151 days after the entry of judgment. After numerous procedural moves and counter-moves, culminating in the lower court’s denial of defendant’s petition, plaintiff attempted to…