Wednesday, January 25, 2017

Pennsylvania Superior Court Affirms Denial of Petition to Open Judgment of Non Pros

In the case of Intech Metals, Inc. v. Meyer, Wagner & Jacobs, No. 374 WDA 2016 (Pa. Super. Dec. 22, 2016 Bender, P.J.E., Ransom, J., Musmanno, J.) (Op. by Ransom, J.), the Pennsylvania Superior Court found that the trial court properly denied a Plaintiff’s Petition to Open a Judgment of Non Pros and properly entered the judgment of non pros.

The court's decision was based, in part, on the fact that the Plaintiff’s conceded that the docket was inactive from 2006 through 2012.   

The case before the court also showed that the Plaintiff failed to take any proactive role in moving the case forward, which deprived the Defendants of the opportunity to depose and cross-examine essential witnesses prior to their death.  

This matter arose out of litigation between investors and shareholders of a company under claims of professional negligence.   

Anyone wishing to review a copy of this latest Opinion from the appellate court regarding the entry of a judgment of non pros and a denial of Petition to Open for lack of activity may click this LINK.

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