Buxó v. Sellés Roldán
Buxó v. Sellés Roldán
Opinion of the Court
delivered the opinion of the Court.
This was a case where on motion to dismiss we held that there was nothing in the record of the court below to show the date at which the entry by the secretary was made saying that he had notified the parties of the judgment. It is only from the date of that entry that the time for appealing begins to run. We overruled a motion to dismiss. Opinion of this court dated May 29th, 1934. (46 P.S.E.-).
The appellee then had the secretary place on file in the record the date at which the notification was in fact made» The secretary now certifies that such entry was made on the 15th of March, 1934. As the appeal was taken on April 17th, 1934, the appellee insists that the appeal was taken too late and again moves to dismiss.
On April 17th when the appeal was taken there was nothing on file to show when the entry by the secretary was made and on that account we held that the appeal could not he dismissed. We now hold that the time for appealing was not fixed until the date was entered, namely, on June 2, 1934. It is true that the secretary certifies that he made the entry on March 15th, hut without the date the entry was incomplete. The date was an essential part of the entry and it was omitted. Such an omission cannot be remedied by an entry mmc pro tunc. The law requires certainty, as our previous opinion indicates. At that time no date for appealing had attached. In a court of record the record counts and no sufficient entry was made until June 2, 1934.
The motion to dismiss should be overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.