Notice of Appeal Within 30 Days of the Date of the Order Being Appealed
In Bassett v. Bassett, 543 Pa. 323, 671 A.2d 661 (1995), the Pennsylvania Supreme Court considered whether a particular appeal was timely or untimely. Under PA. R.A.P. 903(a), a notice of appeal was required to be filed within 30 days of the date of the order being appealed.
In Bassett, the thirtieth day fell on Sunday and the next day, Monday, was Columbus Day.
Counsel for appellant assumed that the prothonotary's office would be closed and filed the appeal on Tuesday; however, the employees of the prothonotary's office had elected to remain open for business on Columbus Day and close instead on the day after Thanksgiving.
The appeal was quashed by the Superior Court as untimely, and the Supreme Court reversed.
The Supreme Court did so because Rule 107 of the Pennsylvania Rules of Appellate Procedure specifically directed that the appellate rules, including Rule 903(a), were to be construed in accordance with the Statutory Construction Act of 1972.
Section 1908 of the Statutory Construction Act states, in pertinent part, as follows:
... Whenever the last day of any such period shall fall on Saturday or Sunday, or on any day made a legal holiday by the laws of this Commonwealth or of the United States, such day shall be omitted from the computation. 1 Pa. C.S. 1908.
Because the 1893 Act, a law of the Commonwealth, listed Columbus Day as a holiday, the Supreme Court held that it had to be omitted from the computation of the 30-day appeal period.