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Moerder v. Commnwealth2/13/2004
ilateral 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). Consequently, since Licensee did not assert any other grounds justifying a nunc pro tunc appeal, the common pleas court lacked jurisdiction over the matter.
Accordingly, we vacate the trial court's order and remand with instructions to quash Licensee's statutory appeal.
ORDER
NOW, February 13, 2004, the order of the Court of Common Pleas of Chester County in the above-captioned matter is hereby vacated and this case is remanded to the trial court with instructions to quash Moerder's 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.
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