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Horvat v. Horvat

Superior Court of Pennsylvania
Aug 20, 1982
303 Pa. Super. 406 (Pa. Super. Ct. 1982)

Opinion

Argued: June 21, 1982.

Filed: August 20, 1982.

Appeal from the Court of Common Pleas, Bucks County, No. A06-80-60251-A-10-3, Mims, J.

Edward S. Wardell, Philadelphia, for appellant.

Allen W. Toadvine, Langhorne, for appellee.

Before WICKERSHAM, McEWEN and LIPEZ, JJ.


This is an appeal from the dismissal of a petition under the Protection From Abuse Act. Judge Shertz observed for a panel of this court in a recent case under that Act:

Section 10189 of the Act in question provides that any proceeding thereunder shall be in accordance with the Rules of Civil Procedure. In addition, Rule 1905, Pa.R.Civ.P., which was promulgated to implement the Act, provides: "The decision of the court and the time for exceptions thereto shall be governed by Rule 1038(b) to (e) inclusive." Rule 1038(d), Pa.R.Civ.P., in turn, requires the filing of exceptions to the decision of the lower court.

Knisely v. Knisely, 295 Pa. Super. 240, 241, 441 A.2d 438, 439 (1982) (footnote omitted). Appellant here failed to file exceptions. Therefore he preserved no issues, and the appeal must be dismissed. See Pa.R.A.P. 1972(5).

Appeal dismissed.


Summaries of

Horvat v. Horvat

Superior Court of Pennsylvania
Aug 20, 1982
303 Pa. Super. 406 (Pa. Super. Ct. 1982)
Case details for

Horvat v. Horvat

Case Details

Full title:Andrew HORVAT, Appellant v. Dolores HORVAT

Court:Superior Court of Pennsylvania

Date published: Aug 20, 1982

Citations

303 Pa. Super. 406 (Pa. Super. Ct. 1982)
449 A.2d 751

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