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LYNCH v. METROPOLITAN LIFE INSURANCE COMPANY (09/27/66)

SUPREME COURT OF PENNSYLVANIA


decided: September 27, 1966.

LYNCH
v.
METROPOLITAN LIFE INSURANCE COMPANY, APPELLANT

Appeal from order of Court of Common Pleas No. 7 of Philadelphia County, Sept. T., 1959, No. 563, in case of Averlean Lynch v. Metropolitan Life Insurance Company.

COUNSEL

Arthur W. Leibold, Jr., with him Barton J. Winokur, Owen B. Rhoads, and Dechert, Price & Rhoads, for appellant.

Tom P. Monteverde, with him Charles W. Woolever, and Schnader, Harrison, Segal & Lewis, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Jones.

Author: Jones

[ 422 Pa. Page 488]

Subsequent to a jury verdict in favor of Averlean Lynch against Metropolitan Life Insurance Company (Metropolitan) in an assumpsit action in the Court of Common Pleas No. 7 of Philadelphia County, Metropolitan filed motions for judgment n.o.v. or, in the alternative, a new trial. On November 8, 1965, the court below entered an order dismissing Metropolitan's motions. From that order the instant appeal was taken.

[ 422 Pa. Page 489]

No judgment on the verdict has ever been entered.*fn1 In the absence of such judgment no appeal lies. In Menyo v. Sphar, 409 Pa. 223, 224 (footnote), 186 A.2d 9, we recently said: "Too many members of the Bar mistakenly believe that the appeal is from an Order which dismissed their motion for a new trial, instead of from a judgment which was entered on the verdict: [citing authorities]." See also: Denmon v. Rhodes, 416 Pa. 568, 569, 207 A.2d 860; Gelzhiser v. Fisher, 418 Pa. 88, 208 A.2d 836.

The instant appeal, being premature, must be quashed.

Disposition

Appeal quashed.


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