Chase v. National Fuel Gas Corp.

1 Citing case

  1. Hughes v. Fink, Fink and Associates

    718 A.2d 316 (Pa. Super. Ct. 1998)   Cited 5 times
    Indicating that two months of non-docketed discovery was insufficient to establish due diligence after almost four years elapsed without docket activity

    However, where, as here, the trial court's order is in the nature of a hybrid, i.e., entering judgment of non pros and dismissing the action with prejudice, the order is considered final and directly appealable. The decision of whether to enter judgment of non pros against a plaintiff for failure to prosecute an action within a reasonable time is a matter vested within the sound discretion of the trial court whose decision will not be reversed absent an abuse of that discretion. Chase v. National Fuel Gas Corp., 692 A.2d 155, 156 (Pa.Super. 1997). In James Bros. Lumber Co. v. Union Banking Trust Co. of Dubois, 432 Pa. 129, 247 A.2d 587 (1968), our Supreme Court announced that judgment of non pros is properly entered when: (1) a party to the proceeding has shown a want of due diligence in failing to proceed with reasonable promptitude; (2) there is no compelling reason for the delay; and (3) the delay has caused some prejudice to the adverse party.