Boatin v. Miller

DISSENTING OPINION BY

STEVENS, J.:

¶ 1 After a careful review, I would affirm the trial court’s order, which denied Appellant’s petition to open the default judgment. Specifically, I would find Appellant has waived its argument that it is entitled to Pa.R.C.P. 237.3(b)’s presumption of timeliness and reasonable excuse by virtue of a defective petition to open, which Appellant filed on March 14, 2007. Moreover, upon analysis of Appellant’s March 20, 2007 petition to open, I would find that, under the traditional three-part test, Appellant failed to provide a legitimate excuse for the delay in…