Calantzis v. Collins
Decision Date | 09 October 1970 |
Parties | Panos CALANTZIS a/k/a Peter X. Calantzis, Foli X. Calantzis, George X. Calantzis, Theophilis X. Calantzis, by Panos Calantzis, their Attorney-in-Fact v. Catherine COLLINS, Appellant. |
Court | Pennsylvania Supreme Court |
James W. Daub, Pittsburgh, for appellant.
Tasso E. Camarinos, Pittsburgh, for appellees.
Before BELL, C.J., and JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.
Appellant sought, in the court below, the discharge of a guardian ad litem appointed for her. The chancellor refused to discharge the guardian and upon the dismissal of exceptions by the court en banc and the entry of a final degree, an appeal to this court was filed.
The factual and procedural history of this case is concisely summarized in the opinion of the trial court as follows:
interest was most cooperative. He disclaimed any intention in suing defendant for past defalcations. He stated that he and his co-owners in Europe are more interested in Mrs. Collins' personal well-being than in their own financial interest. The latter is relatively small per person when compared with hers.
Initially, appellant complains that the agreement of February, 1963, entered as an order of court, terminated the partition proceedings and that the court, therefore, had no further jurisdiction over the parties and the cause of action. We do not agree with this contention. The matter is in its present posture because appellees sought the assistance of the court in the enforcement of the February, 1963, decree, which decree they averred was being violated by appellant. We recently addressed ourselves to a similar contention in Advanced Management Research v. Emanuel, Pa., 266 A.2d 673 (1970), and rejected it. The discontinuance of the action, based on a decree requiring a performance of a series of acts does not oust the court of its jurisdiction to see to the enforcement of that decree. For the same reason, appellant's argument that there was no pending litigation and that the court, therefore, had no power to appoint a guardian ad litem, is without merit.
Appellant further complains that the trial court erred in failing to file an adjudication, as required by the equity rules. We agree with the court below that no such procedure was required. The appointment of a guardian ad litem resulted, not from a complaint in equity, answer and hearing, but rather from a petition seeking the enforcement of a decree previously entered. In such circumstances, we do not believe that the rules require an adjudication as contemplated by the equity rules. Under the posture of this record, Community Sports, Inc. v. Oakland Oaks, 429 Pa. 412, 240 A.2d 491 (1968), is not applicable.
Appellant next argues that the decree was entered prematurely, inasmuch as it was filed before appellees filed their brief. We fail to...
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...exists and the trial court retains jurisdiction to enforce its order despite the discontinuance of the action. Calantzis v. Collins , 440 Pa. 354, 269 A.2d 655, 657 (1970) ("The discontinuance of the action, based on a decree requiring a performance of a series of acts does not oust the cou......
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