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SLAGTER v. THRIFTY CLEAN (01/25/71)

SUPREME COURT OF PENNSYLVANIA


decided: January 25, 1971.

SLAGTER
v.
THRIFTY CLEAN, INC., APPELLANT

Appeal 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.

COUNSEL

A. L. Gambatese, for appellant.

Norman H. Stark, with him MacDonald, Illig, Jones & Britton, for appellees.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Mr. Justice Cohen took no part in the decision of this case.

Author: Per Curiam

[ 441 Pa. Page 273]

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.*fn1

[ 441 Pa. Page 274]

Appeal quashed. Costs on appellant.

Disposition

Appeal quashed.


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