Grant Building Co. v. Ivanciw

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

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.

Reference

Full Case Name
GRANT BUILDING COMPANY v. Alexander IVANCIW
Cited By
1 case
Status
Published