Joyce v. Safeguard Mutual Insurance

McEWEN, Judge:

This appeal has been taken from an order which denied appellant’s motion for leave to file an answer and new matter. Appellant claims that the trial court erred as a matter of law when it denied the motion solely because it was untimely, without regard to whether the appellee had been prejudiced by the delay. Alternatively, appellant claims that the trial court abused its discretion in failing to balance the equities of the situation prior to denying the motion. We affirm.

This litigation began on January 7, 1980, when appellee filed a complaint. More than eight months later, on…