Superior Court of Pennsylvania· 11/27/2002
Independent Technical Services v. Campo's Express, Inc.
Citations
- 812 A.2d 1238
- 2002 Pa. Super. 374
- 2002 Pa. Super. LEXIS 3747
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that only upon the filing of the complaint is an appeal from the district justice perfected, at which time the action is a de novo proceeding and is subject to the Pennsylvania Rules of Civil Procedure
- stating that “[a]n order terminating an action for inactivity will not be reversed absent a manifest abuse of discretion.”
- once appeal for trial de novo perfected in Court of Common Pleas, any judgment entered at magistrate level is nullified or extinguished
- “The plaintiff in a case has an affirmative duty to move its case forward.”
- plaintiff in appeal de novo “cannot expect to execute on [] judgment entered three years prior at the magistrate level, that judgment having been extinguished by the perfecting of the appeal de novo in the trial court”
- conclusions of law 7 and 9
Source: CourtListener parenthetical corpus (CC0).
Judges: Bowes, Klein, Tamilia
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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