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Booz v. Commonwealth3/2/2004
der from a trial court.
Here, the authority upon which the trial court relied in permitting an untimely appeal no longer controls. Moreover, there is no contention by Licensee that his appeal was timely or that other circumstances warrant allowance of an untimely appeal. We recently held that an untimely appeal was not warranted under materially identical circumstances. In Freedman v. Dep't of Transp., Bureau of Driver Licensing, ___ A.2d ___ (Pa. Cmwlth. 2003) (1141 C.D. 2003, filed February 10, 2004), we vacated a trial court order granting an untimely appeal in an interlock case, and we remanded with instructions to quash the appeal. Freedman controls here. Accordingly, we enter the same order.
ROBERT SIMPSON, Judge
ORDER
AND NOW, this 2nd day of March, 2004, the order of the Court of Common Pleas of Bucks County is vacated and remanded with instructions to quash this appeal as untimely.
Jurisdiction relinquished.
ROBERT SIMPSON, Judge
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