Opinion
September 30, 1970.
January 25, 1971.
Appeals — Final or interlocutory order — Order refusing new trial — Final judgment not entered.
An order refusing a new trial is interlocutory and is unappealable; an appeal may not be entertained until a final judgment is entered.
Mr. Justice COHEN took no part in the decision of this case.
Argued September 30, 1970. Before BELL, C. J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.
Appeal, No. 158, March T., 1970, from order of Court of Common Pleas of Erie County, May T., 1967, No. 362, in case of Meryl G. Slagter, Charles M. Schultz et ux. v. William A. Mix and Thrifty Clean, Inc. Appeal quashed.
Amicable action and confession of judgment in ejectment. Before McCLELLAND, J.
Motion by plaintiffs for a directed verdict granted. Defendant appealed.
A. L. Gambatese, for appellant.
Norman H. Stark, with him MacDonald, Illig, Jones Britton, for appellees.
In this action a jury trial resulted in the entry of a verdict in favor of the plaintiffs-appellee by direction of the trial court. The defendant-appellant filed a motion for a new trial which was later dismissed. This appeal was then filed without a final judgment being entered in the court below. The appeal will be quashed.
We have repeatedly advised the profession that an order refusing a new trial is interlocutory and is unappealable. Cf. Bartkewich v. Billinger, 430 Pa. 207, 241 A.2d 916 (1968), and cases cited therein. The appeal should not be filed and may not be entertained until a final judgment is entered.
Under the new Appellate Court Jurisdiction Act of 1970, § 501(b) (effective September 11, 1970) the Court is given discretion to entertain an appeal from an interlocutory order given certain conditions. These conditions are not present here.
Appeal quashed. Costs on appellant.
Mr. Justice COHEN took no part in the decision of this case.