411 Pa. Super. 481 - Orie v. Stone’s Empirical Analysis

Citation profile

18 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Unlike a judgment entered by confession or by default, which remains within the control of the court indefinitely and may be opened or vacated at any time upon proper cause shown, a judgment entered in an adverse proceeding ordinarily cannot be disturbed after [it has become final].” Simpson v. Allstate Ins. Co., 350 Pa.Super. 239, 243-244 , 504 A.2d 335, 337 (1986) (citations omitted). A judgment entered in an adverse proceeding becomes final if no appeal therefrom is filed within thirty days. 42 Pa. C.S.A. § 5505. Thereafter, the judgment cannot normally be modified, rescinded or vacated. Simpson, supra, 350 Pa. Superior Ct. at 244 , 504 A.2d at 337 . In this Court’s decision in Simpson , we stated that: Although the inability of a court to grant relief from a judgment entered in a contested action after the appeal period has expired is not absolute, the discretionary power of the court over such judgments is very limited. Generally, judgments regularly entered on adverse proceedings cannot be opened or vacated after they have become final, unless there has been fraud or some other circumstance “so grave or compelling as to constitute ‘extraordinary cause’ justifying intervention by the court. ” Simpson, supra, 350 Pa. Superior Ct. at 245 , 504 A.2d at 337 . (citations omitted) (emphasis ours).”

   1 later decision quote this exact passage
   e.g. 2011 Pa. Super. 93 - Shelly Enterprises, Inc. v. Guadagnini