Opinion

Gallardy v. Ashcraft

288 Pa. Super. 37
430 A.2d 1201

Court: Superior Court of Pennsylvania
Filed: Sep 17, 1981
Status: Published
Author: Wickersham
On the bench: Spaeth, Wickersham, Lipez
Cited by: 21 cases
Authority: More cited than 10.4%

The opinion

WICKERSHAM,

Judge, dissenting:

I dissent.

I believe that Bass v. Commonwealth, 485 Pa. 256 , 401 A.2d 1133 (1979) creates a new category of “non-negligent” failure to file an appeal. The lower court applied Bass in rendering its decision, and the court’s use of Bass was not a retroactive application of that case.

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