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Fey v. Commonwealth2/17/2004
ale of Watterson v. Department of Transportation, Bureau of Driver Licensing, 816 A.2d 1225 (Pa. Cmwlth. 2003), which had allowed nunc pro tunc appeals on the ground that the Department's unilateral imposition of an interlock requirement was void ab initio, was inconsistent with the analysis of our Supreme Court in Commonwealth v. Mockaitis, ___ Pa. ___, 834 A.2d 488 (2003).
Accordingly, we vacate the common pleas court's order and remand with instructions to quash Licensee's statutory appeal.
RENEE L. COHN, Judge
ORDER
NOW, February 17, 2004, the order of the Court of Common Pleas of Monroe County in the above-captioned matter is hereby vacated and this case is remanded to the trial court with instructions to quash the statutory appeal as untimely.
Jurisdiction relinquished.
DISSENTING OPINION BY JUDGE FRIEDMAN
For the reasons set forth in my dissenting opinion in Freedman v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, ___ A.2d ___ (Pa. Cmwlth. No. 1141 C.D. 2003, filed 2/10/2004), I respectfully dissent.
ROCHELLE S. FRIEDMAN, Judge
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