Bodick v. Harcliff Mining Co.

Concurring Opinion by

Weight, J.:

It has been my consistent position that, if an appeal is technically premature merely because the parties neglected to formally enter judgment, it is wasteful, both for us and for the litigants, to require on our own motion an entirely new appeal. This approach only serves to delay the final disposition of the case, while presenting no new facts or issues for our consideration. In my opinion, we should pass on the issues as they are presented by the parties, and then remand the case with directions to enter judgment in accordance with our decision. However, I see no need to continue to note my dissent on this point. Although I still adhere to my original position, I will concur in the holding of the Court in this and future cases unless and until a majority of our Court or the Supreme Court of Pennsylvania adopts my view.