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GRANT BUILDING COMPANY, Appellant, v. Alexander IVANCIW

Superior Court of Pennsylvania1979-05-31No. Nos. 1208 and 1262
266 Pa. Super. 395404 A.2d 1348

Authorities cited

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Opinion

majority opinion

PER CURIAM:

This is an appeal from orders striking a confessed judgment in ejectment and dismissing appellant’s complaint without leave to amend. Where a court is petitioned to open judgment, as here, it is error for the court to strike the judgment sua sponte. Baederwood Shopping Center, Inc., v. St. George & Co., Inc., 262 Pa.Super. 55, 396 A.2d 642 (1978). On remand the appellee may still litigate the meritorious defenses alleged in its petition to open.

Order reversed and complaint and judgment reinstated.