Opinion
October 9, 1969.
November 11, 1969.
Appeals — Timeliness — Judgment on pleadings in action on mandamus — Grant of reargument.
Absent an order staying the proceedings, the granting of reargument does not open a judgment entered on the pleadings in an action in mandamus or otherwise result in extending time for appeal fixed by statute.
Before BELL, C. J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.
Appeal, No. 147, March T., 1969, from judgment of Court of Common Pleas of Fayette County, Dec. T., 1963, No. 416, in case of Regina G. Francis v. John A. Brashear Merged School District. Appeal quashed.
Mandamus.
Judgment entered for defendant on pleadings. Petition for reargument filed. Order entered reaffirming judgment, opinion by MUNSON, J. Plaintiff appealed.
Fred C. Adams, with him Coldren and Adams, for appellant.
Richard D. Cicchetti, for appellee.
This is an action in mandamus.
On March 3, 1966, the court below entered judgment for the defendant on the pleadings. On March 17th, a petition for reargument was filed which was granted on April 7th. No stay of the proceedings was requested or directed. On February 6, 1969, the court reaffirmed the judgment entered on March 3, 1966. The present appeal was filed on February 26, 1969.
The delay in disposing of the issues raised by reargument is emphatically condemned. Such procrastination is inexcusable and manifests an utter disregard for the rights of the litigants involved.
Unfortunately for the appellant, the appeal is untimely and must be quashed. The judgment entered on March 3, 1966, was a final judgment, and the statutory period for appeal began to run immediately. Absent an order staying the proceedings, the granting of reargument did not open the judgment or otherwise result in extending the time for appeal fixed by statute. Erie v. Piece of Land, 341 Pa. 310, 17 A.2d 399 (1941).
Appeal quashed.