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Cossell v. Cornish

Denial of petition to open a confessed judgment reversed; dismissal of petition was contrary to prior order by different judge and, therefore, violated coordinate jurisdiction rule and/or law of the case doctrine.

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� 1 J. Scott Cornish appeals from an order which denied his petition to open a confessed judgment as untimely. We reverse and remand for further proceedings.

� 2 The events leading to the order presently on appeal arose out of a commercial real estate transaction. Problems arose and Appellant withheld two monthly payments leading Appellees to file a complaint and confession of judgment in ejectment. Judgment was entered and a writ of possession was issued. Appellant filed a petition to open the judgment and a petition for preliminary injunctive relief. Since it appeared during the hearing on that petition that the parties had come to an agreement, the Honorable Conrad B. Capuzzi dismissed the petition to open without prejudice.

Problems again arose and, on May 23, 2001, the parties resumed the hearing on preliminary injunctive relief before the Honorable John F. Wagner, Jr. Following that hearing, Judge Wagner, entered an order which stated, inter alia, “[Appellees] are enjoined from seeking immediate issuance of a writ of possession for sixty (60) days to permit [Appellant] to represent his Petition to Open Judgment Confessed Under Installment Land Contract, filed on February 15, 2001, which petition was dismissed, without prejudice….” Order, 5/23/01. On June 26, 2001, Appellant refiled the petition to open judgment and a hearing was set for July 16, 2001.

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