Becker v. Schoettle

HESTER, Judge:

Presently before the court is appellant’s appeal from the lower court’s order dated July 28, 1978, sustaining appellee’s preliminary objections to appellant’s petition to open judgment and discharging the court’s previously issued role.

We are of the opinion that the lower court abused its discretion in granting appellee’s preliminary objections in the nature of a demurrer to appellant’s petition to open judgment and thereafter discharging said previously issued rule; therefore, we reverse.

First, it must be noted that the procedure employed by the appellee in contesting…