Criscuolo v. Moore Farms, Inc.
Criscuolo v. Moore Farms, Inc.
Opinion of the Court
Opinion by
Defendant appeals from the order of the court below, discharging its rule to open a default judgment entered for failure to file an answer to plaintiffs’ complaint. The determinative question in this case is whether the defendant established a sufficient excuse for the default. The lower court found defendant’s excuse insufficient, and we cannot reverse this finding unless it represents a clear, manifest abuse of discretion. Walters v. Harleysville Mut. Cas. Co., 417 Pa. 438, 207 A.2d 852 (1965). Such an abuse of discretion has not been shown in this case.
The asserted excuse for counsel’s failure to meet the filing deadline is that counsel was busy with other litigation and confused the deadline date with that of another case. The lower court found this excuse inadequate in view of the surrounding circumstances. Those circumstances included the following: Counsel was found to have had no adequate system for reminding himself of impending deadlines. In fact, it was only
The defendant argues that it should not be held responsible for its counsel’s mistake. However, in our opinion the failure of counsel to file on time was not the result of mistake or oversight but simply procras
The lower court in the present case could have opened the judgment, but was not compelled to do so. Since its decision not to open the judgment was authorized by law and supported by the facts, we are unable to find an abuse of discretion on the court’s part. Accordingly, the lower court’s order must be affirmed.
Order affirmed.
At the time counsel discovered the impending deadline it was too late for him to timely file his pleading and he was unable to contact the plaintiffs’ attorney prior to the expiration of the deadline.
Dissenting Opinion
Dissenting Opinion by
Defendant appeals from the order of the court below discharging its rule to open a default judgment in the amount of $68,322.73. The judgment was taken without notice or leave of court upon the ground that defendant’s counsel missed a fixed deadline for the filing of its answer in an assumpsit action.
Counsel for the parties had agreed upon an extension of time to answer until May 19, 1971. Defendant’s counsel stated in a deposition that he had inadvertently confused that deadline with one in an unrelated criminal matter and was, therefore, under the impression that he had an additional few days. He did, however, discover his error in the late afternoon of the due date and immediately telephoned plaintiff’s counsel who was not in his office. A second call that evening to coun
A petition to open a judgment is an appeal to the equitable side of the court and the disposition of the petition will not be disturbed on appeal unless a mistake of law or a clear abuse of discretion is shown. Taylor v. Humble Oil & Refining Co., 221 Pa. Superior Ct. 394, 292 A. 2d 481 (1972). In order to prevail, one who petitions to open a judgment (1) must act promptly, (2) aver a meritorious defense, and (3) plead a sufficient excuse for the default. Atlas Aluminum Corp. v. Methods Research Products Co., 420 Pa. 407, 218 A. 2d 244 (1966). In this case the lower court found that defendant had satisfied the first two requirements but denied relief upon the ground that the explanation offered by defendant’s counsel that he was “busily engaged in other litigation and became mixed-up on the deadline date” was unreasonable.
Our courts have afforded relief in the past where counsel’s error has resulted in a default judgment. Stephens v. Bartholomew, 422 Pa. 311, 220 A. 2d 617 (1966); Clearfield Cheese Co. v. U. S. & A. Workers, 378 Pa. 144, 106 A. 2d 612 (1954); Fuel City Mfg. Co. v. Waynesburg Products Corp., 268 Pa. 441, 112 A. 145 (1920); Borjes v.Wich, 171 Pa. Superior Ct. 505, 90 A. 2d 288 (1952); Horning v. David, 137 Pa. Superior Ct.
The lower court noted in its opinion that if the petition for extension of time to answer had been filed before the default judgment had been taken, a modest extension would have been granted. In denying relief it observed that it was only by chance that defendant’s counsel discovered his error before the deadline expired and criticized such a “lax and disorganized” manner of practicing law. In Stephens, supra, the Court permitted the judgment to be opened in the face of what it characterized to be “inexcusable neglect” by an attorney. Counsel’s mistake in this case certainly falls short of that type of conduct. Consequently, upon this record the refusal of the trial court to open the judgment did constitute an abuse of discretion.
This is not a case like Walters v. Harleysville M. Cas. Co., 417 Pa. 438, 207 A. 2d 852 (1965), where relief was properly denied when counsel repeatedly promised to file an answer, received a number of extensions upon that basis and still failed to file in the face of a threatened default judgment.
Reference
- Full Case Name
- Criscuolo v. Moore Farms, Inc., Appellant
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- Published