# Perry v. Commonwealth

> Commonwealth Court of Pennsylvania · May 18, 1983 · 74 Pa. Commw. 388

URL: https://www.frixlaw.com/law-library/cases/6369273

## Case

- **Full name:** Henry W. Perry v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** May 18, 1983
- **Citations:** 74 Pa. Commw. 388; 459 A.2d 1342; 1983 Pa. Commw. LEXIS 1637
- **Precedential status:** Published
- **Opinion:** Concurring in part by MacPhaxl
- **Judges:** Blatt, Doyle, MacPhail, MacPhaxl
- **Cited by:** 46 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6369273

## How later opinions describe it (automated extraction)

- applying Bass, holding claimant permitted to file a late appeal where his attorney’s law clerk’s car broke down en route to the post office, thereby preventing a timely (Footnote continued on next page…) 6 ROBERT SIMPSON, Judge (continued…) filing
- holding that petitioner was entitled to nunc pro tunc relief where counsel filed an appeal one day late

## Opinion text

Concurring and Dissenting Opinion by
Judge MacPhaxl :
While I concur in the result reached by the majority on the merits, I must respectfully dissent to that part of the majority opinion which denies the motion to quash.
I think that the facts here are clearly distinguishable from those in Bass v. Commonwealth, 485 Pa. 256 , 401 A.2d 1133 (1979) and that the decision in Bass should not be extended beyond the circumstances of that case. I note that the concurring opinion by Justice Nix in Bass carefully points out that the decision reached in that case is not a revision of the accepted standards normally applied to an appeal untimely filed. The application of those standards to the instant case, in my opinion, would compel us to grant the motion to quash. Counsel who waits until the last day to file an appeal should be held accountable if his law clerk’s automobile breaks down on the way to the post office.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6369273. Public record. Not legal advice.