Wednesday, July 6, 2022

Pennsylvania Superior Court Addresses Standard of Review For Opening of Judgment Non Pros (Non-Precedential)

In the case of Mark v. McCarthy, No. 991 EDA 2021 (Pa. Super. June 8, 2022 Dubow, J., McLaughlin, J., and King, J.) (Mem Op. by Dubow, J.) (non-precedential), the Pennsylvania Superior Court reversed a trial court’s denial of a Defendant’s Motion to Open a Judgment of Non Pros after finding that the trial court’s reasoning that the Plaintiff’s estate failed to act with diligence was untenable in a case where the the trial court based its decision, in part, on the grounds that the estate did not make Rules absolute within two (2) days. 

In this case, it appeared that the Plaintiff needed pre-Complaint discovery to survive a demurrer and filed multiple motions in an attempt to avoid entry of a judgment of non pros.

According to the Opinion, the estate argued, in part, that because the Defendant had concealed assets of the estate, the estate could not file a Complaint without first conducting pre-Complaint discovery.

In this non-precedential decision, the Pennsylvania Superior Court provided a nice update on the Rules applicable to the entry of judgment non pros and efforts to open the same.

Anyone wishing to review a copy of this non-precedential decision may click this LINK.

I send thanks to Attorney Elizabeth Anderson of Anderson Law Office in Hawley, Pennsylvania for bringing this case to my attention.

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