Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
� 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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Associate General Counsel

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements