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
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