Seban v. Dade County

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).