Opinion
February 3, 1967.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 117, March T., 1967, from order of Superior Court, April T., 1966, No. 94, quashing the appeal from order of Court of Common Pleas of Washington County, May T., 1961, No. 28, in case of Donald Deigan v. Rosemarie Deigan. Petition for allocatur granted, order of Superior Court quashing appeal vacated and record remanded to Superior Court for determination of appeal on its merits.
Divorce.
Petition for discontinuance of case in Washington County allowed, order by SWEET, P. J. Defendant appealed to Superior Court which quashed appeal. Petition for allocatur granted by Supreme Court.
Paul A. Simmons, with him Tempest and Simmons, for appellant.
Armin H. Friedman, for appellee.
The petition for allocatur is granted, the order of the Superior Court quashing the appeal to that Court is vacated and the record is remanded to the Superior Court for a determination of the appeal on its merits.