Opinion

Quad Associates v. Blair County Board of Assessment Appeals

  • 130 Pa. Commw. 62
  • 566 A.2d 1274
  • 1989 Pa. Commw. LEXIS 762
Court
Commonwealth Court of Pennsylvania
Filed
Dec 1, 1989
Status
Published
Author
Crumlish
On the bench
Barry, Craig, Crumlish, Doyle, McGinley, Palladino, Smith
Cited by
3 cases
Authority
More cited than 9.2%

Overruled on other grounds by In Re Appeal of Borough of Churchill, 525 Pa. 80 (1990)

Later courts went against this

  • Overruled on other grounds by In Re Appeal of Borough of Churchill, 525 Pa. 80 (1990)

    Bd. of Assessment Appeals, 130 Pa.Cmwlth. 62, 566 A.2d 1274 (1989), overruled on other grounds by Appeal of Borough of Churchill, 525 Pa. 80, 575 A.2d 550 (1990).
    Supreme Court of PennsylvaniaMay 23, 1990other groundsmedium confidenceRead it

The opinion

CRUMLISH, Jr., President Judge,

concurring.

I concur in the majority opinion, but I disagree with its characterization of the trial judge’s actions as the type of error warranting nunc pro tunc appeal.

The rule recognizing “breakdown in the operations of the court,” as grounds for allowing nunc pro tunc appeal, was intended to apply to fraud or administrative errors by court officers—for example, a prothonotary’s failure to mail notice of entry of an order to a party. See Nixon v. Nixon, 329 Pa. 256 , 198 A. 154 (1938). Here, the trial judge’s act of advising Quad to move for post-trial relief does not fall within this category.

To characterize the trial judge’s direction as a “breakdown in the operation of the court” is a dangerous and unwarranted expansion of the original intent of the rule. Nixon .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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