Superior Court - ZOKAITES CONTRACTING INC. and WOODSIDE DEVELOPMENT v. TRANT CORPORATION, SHUTY INC., CLASSIC DEVELOPMENT CONSULTANTS, INC., JOHN K TR

ZOKAITES CONTRACTING INC. and WOODSIDE DEVELOPMENT v. TRANT CORPORATION, SHUTY INC., CLASSIC DEVELOPMENT CONSULTANTS, INC., JOHN K TRANT, DONALD P. TRANT, and JOHN DOE No. 624 WDA 2008 2009 PA Super 35 Atlantic: 968 A.2d 1282 Filed: 2/26/2009
	Appeal from the Order Entered March 31, 2008, Court of Common Pleas, Allegheny County, Civil, at No. GD 03-15471
Before: FORD ELLIOTT, P.J., DONOHUE and ALLEN, JJ.
Opinion by: ALLEN, J.
Zokaites Contracting Inc. and Woodside Development (“Appellants”) appeal from the trial court’s March 31, 2008 order certifying its January 30, 2007 order final and appealable. The trial court’s January 30, 2007 order granted in part and denied in part Appellants’ petition to open a judgment of non pros for failing to file a certificate of merit (COM) pursuant to Pa.R.C.P. 1042.3. On appeal, Appellants contend that the trial court erred in requiring them to file a COM to support allegations they made in a breach of contract count; that the trial court erred in finding that they failed to proffer a reasonable explanation for failing to file a COM; and that the trial court erred in failing to open the judgment under Pa.R.C.P. 126 and the equitable considerations of this case. We find no merit in Appellants’ assertions of error; accordingly, we affirm the trial court’s order.

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