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Miller v. Commonwealth3/24/2004
rial court cannot entertain a late appeal because it lacks jurisdiction. See, e.g., Hudson v. Department of Transportation, Bureau of Driver Licensing, 830 A.2d 594 (Pa. Cmwlth. 2003).
In Freedman v. Department of Transportation, Bureau of Driver Licensing, ___ A.2d ___ (Pa. Cmwlth. 2003, No. 1141 C.D. 2003, filed February 10, 2004), overruling our decision in Watterson v. Department of Transportation, Bureau of Driver Licensing, 816 A.2d 1225 (Pa. Cmwlth. 2003), this Court explained that the proper procedure to challenge the Department's imposition of the ignition interlock device requirement was to file a timely appeal from the notice of suspension. Because Licensee's appeal was untimely and because he did not assert any grounds justifying nunc pro tunc consideration of his appeal, the trial court lacked jurisdiction.
Accordingly, the order of the trial court is vacated and the matter is remanded with instructions to quash Licensee's statutory appeal.
ORDER
AND NOW, this 24th day of March, 2004, the order of the Court of Common Pleas of Montgomery County, No. 03-12885, dated August 4, 2003, is vacated and the matter is remanded with instructions to quash Leon M. Miller's appeal.
Jurisdiction relinquished.
DAN PELLEGRINI, JUDGE
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