Holmes v. Broodno

Full title: Holmes v. Broodno, Appellant

Court: Superior Court of Pennsylvania

Date published: Sep 15, 1972

294 A.2d 903 (Pa. Super. Ct. 1972)

294 A.2d 903

Opinion

June 14, 1972.

September 15, 1972.

Appeals — Arbitration — Act of June 16, 1836, P.L. 715, as amended — Payment of record costs directory, not mandatory — Matters de minimis.

HOFFMAN, J., filed a dissenting opinion, in which WATKINS and JACOBS, JJ., joined.

Submitted June 14, 1972.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

Appeal, No. 718, Oct. T., 1972, from order of Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1968, No. 1345, in case of Rufus Holmes v. Cyrus Broodno. Order reversed; reargument refused October 4, 1972.

Proceedings upon appeal by defendant from award of arbitrators.

Order entered quashing appeal, opinion by HIRSH, J. Defendant appealed.

Thomas Holmes Goldsmith, for appellant.

Arthur J. Seidner, and Jerome Taylor and Associates, for appellee.

OPINION BY PACKEL, J., September 15, 1972:

The quashing of the appeal is reversed for reasons stated in Meta v. Yellow Cab Company of Philadelphia, 222 Pa. Super. 469, 294 A.2d 898 (1972).

DISSENTING OPINION BY HOFFMAN, J.:

I dissent for the same reasons as set forth in my opinion in Meta v. Yellow Cab Company of Philadelphia, 222 Pa. Super. 469, 294 A.2d 898 (1972).

WATKINS and JACOBS, JJ., join in this dissenting opinion.