Superior Court of Pennsylvania, 1979

Grant Building Co. v. Ivanciw

Grant Building Co. v. Ivanciw
Superior Court of Pennsylvania · Decided May 31, 1979 · Cercone, Hoffman, Wieand
266 Pa. Super. 395; 404 A.2d 1348; 1979 Pa. Super. LEXIS 2266

Grant Building Co. v. Ivanciw

Opinion of the Court

PER CURIAM:

This is an appeal from orders striking a confessed judgment in ejectment and dismissing appellant’s complaint without leave to amend. Where a court is petitioned to open judgment, as here, it is error for the court to strike the judgment sua sponte. Baederwood Shopping Center, Inc., v. St. George & Co., Inc., 262 Pa.Super. 55, 396 A.2d 642 (1978). On remand the appellee may still litigate the meritorious defenses alleged in its petition to open.

Order reversed and complaint and judgment reinstated.

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