Plesh v. Fozi
Plesh v. Fozi
Concurring Opinion
Concurring Opinion by
Appellants contend that the trial court erred in quashing their appeal for failing to pay all costs witMn the time required to perfect the appeal.
Appellants paid a sum of $122.50 to cover the arbitrators’ fees and the costs of filing the appeal and bond, but failed to reimburse the appellee for the jury trial fee.
This case is distinguishable from my dissent in Meta v. Yellow Cab Company of Phila., 222 Pa. Superior Ct. 469, 294 A. 2d 898 (1972). The word “costs” used in the provision requiring that an appeal from an award of arbitrators be entered, all costs paid, and a recognizance filed within twenty days after the entry of the award
I, therefore, concur in the result.
June 16, 1836, P. L. 715, §27; January 14, 1952, P. L. (1951) 2087, §4; March 15, 1956, P. L. (1955) 1279, §1 (5 P.S. §71).
Opinion of the Court
Opinion by
The quashing of the appeal is reversed for reasons stated in Meta v. Yellow Cab Company of Philadelphia, 222 Pa. Superior Ct. 469, 294 A. 2d 898 (1972).
Reference
- Cited By
- 3 cases
- Status
- Published