Opinion
Argued May 23, 1972
Decided June 28, 1972
Appeals — Timeliness — Extension as matter of indulgence — Appeal from final decree in equity — Appellate Court Jurisdiction Act.
1. Where an act of assembly fixes the time within which an appeal may be taken, the time may not be extended as a matter of indulgence.
2. Under the Appellate Court Jurisdiction Act of July 31, 1970, P. L. 673, § 502(a), an appeal from a final decree in equity must be filed within thirty days of the entry of the decree in the court below.
Before JONES, C. J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
Appeal, No. 22, May T., 1972, from decree of Court of Common Pleas of York County, Aug. T., 1966, No. 17, in case of Frank A. Nardo and June A. Nardo v. Vernon R. Smith and Ellen Smith. Appeal quashed.
Equity. Before ATKINS, P. J.
Adjudication filed finding for defendants and dismissing complaint; exceptions to adjudication dismissed and final decree entered. Plaintiffs appealed.
John F. Rauhauser, Jr., for appellants.
William H. Neff, Jr., with him Stock and Leader, for appellees.
This is an appeal from a final decree in equity.
The decree appealed from was entered in the court below on July 12, 1971. Under the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P. L. 673, § 502(a), 17 Pa.C.S.A. § 211.502 (a) (Supp. 1972), the appeal was required to be filed within thirty (30) days of the entry of the decree in the court below. The instant appeal was not filed until August 12, 1971, or thirty-one (31) days after the entry of the decree in the court below.
Where an act of assembly fixes the time within which an appeal may be taken, the time may not be extended as a matter of indulgence. See, e.g., Luckenbach v. Luckenbach, 443 Pa. 417, 281 A.2d 169 (1971), and cases cited therein.
Appeal quashed. Each party to pay own costs.