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BOSAK v. MCANALLEN (06/12/69)

decided: June 12, 1969.

BOSAK, APPELLANT,
v.
MCANALLEN



Appeal from order of Court of Common Pleas of Washington County, Feb. T., 1962, No. 397, in case of Helen E. Bosak v. George W. McAnallen et al.

COUNSEL

Sanford S. Finder, for appellant.

Gordon Harrington, with him Greenlee, Richman, Derrico & Posa, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Montgomery, J.

Author: Per Curiam

[ 214 Pa. Super. Page 506]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Montgomery, J.:

This was an action in trespass brought by a complaint filed on June 7, 1962, in the Court of Common Pleas of Washington County, Pennsylvania, by Helen E. Bosak, plaintiff-appellant, against George W. McAnallen and Robert S. McAnallen, original defendants-appellees, et al. The appellees moved for summary judgment in the court below under Pennsylvania Rule of Civil Procedure 1035. This motion of appellees was granted by Hon. Charles F. Sweet, President Judge,

[ 214 Pa. Super. Page 507]

    by an order dated October 27, 1967, and filed on October 30, 1967. From that order the appellant took an appeal directly to this Court.

President Judge Sweet was advised of this appeal on October 28, 1968; and, on January 30, 1969, in compliance with our Rule 46, he filed an opinion on January 30, 1969, which not only discusses the reasons on the merits for his order, but also suggests that the proceedings were incomplete in the Common Pleas Court of Washington County, thus making his order interlocutory. He states that the appeal should not have been taken directly to our Court but that exceptions should have been taken to his order and ...


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