Opinion

Neustein v. Insurance Placement Facility

  • 271 Pa. Super. 126
  • 412 A.2d 608
  • 1979 Pa. Super. LEXIS 3063
Court
Superior Court of Pennsylvania
Filed
Oct 17, 1979
Status
Published
Author
Wieand
On the bench
Cercone, Wieand, Hoffman
Cited by
6 cases
Authority
More cited than 8.9%

The opinion

WIEAND, Judge,

concurring statement:

Although I agree that the order of the trial court must be affirmed, I reach that conclusion by reasoning different than that adopted by the majority.

On August 4, 1978, the lower court denied appellant’s petition for a rule to show cause why satisfaction should not be set aside and judgment opened. This is the order from which the present appeal has been taken. However, several months prior thereto, appellant had filed an identical petition, captioned a petition for a rule to show cause why judgment should not be opened. That petition was denied, and no appeal was taken. The order denying the petition to open was a final order because the petitioner was effectively precluded from pursuing the substantive issues alleged. Scharfman v. Philadelphia Transportation Co., 234 Pa.Super. 563 , 340 A.2d 539 (1975). Failure to appeal from this final order precluded appellant from seeking other redress in the court below. The prior order was res judicata. Brown v. Kleinfelter, 267 Pa.Super. 144 , 406 A.2d 560 (1979).

*131 Therefore, I concur in the result achieved by the majority and find it unnecessary to determine whether a satisfaction may be set aside for fraud occurring prior to entry of a judgment.

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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