A. J. ABERMAN, INC. v. WHITE CUNNINGHAM

Judgments — Finality — Appellate decision — Subsequent proceedings in court below — Practice.

Where it appeared that in a previous appeal the Supreme Court had affirmed an order refusing to open a judgment, it was Held that the court below had properly refused to permit appellant to re-argue the issues already decided against it.

OPINION BY MR. JUSTICE COHEN, April 16, 1963:

This litigation began with appellant's petition to open a judgment entered against it. After hearing the matter on the merits, the Court of Common Pleas of Allegheny County entered an order on June 5, 1962 sustaining judgment-creditor's motion to discharge the petition to open judgment. Appellant appealed the order to this Court. In a decision handed down on November 13, 1962, we affirmed the order of the court below agreeing that appellant had presented no basis for opening the judgment. ( 409 Pa. 148).

Although our decision should have terminated this litigation, appellant's recusancy led to post-decision motions in the court below attempting to re-argue the issues which previously had been decided against it. The court below properly refused to hold further hearings in this matter.

Order affirmed.