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BINDER v. MILLER ET AL. (03/25/74)

SUPREME COURT OF PENNSYLVANIA


decided: March 25, 1974.

BINDER
v.
MILLER ET AL., APPELLANTS

Appeal from decree of Court of Common Pleas, Trial Division, of Philadelphia, Aug. T., 1972, No. 4353, in case of Fannie Binder v. Leonard Miller and Leah Miller, his wife, and Gerald Miller and Marilyn Miller, his wife, and Leonard Miller and Gerald Miller, administrators of the estate of Sarah Miller, deceased.

COUNSEL

Joseph T. Coghlan, Jr. and Albert J. Bader, for appellants.

Harry J. Greenstein, for appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Mr. Chief Justice Jones dissents.

Author: Per Curiam

[ 456 Pa. Page 12]

This action in equity was filed in the Civil Trial Division of the Court of Common Pleas of Philadelphia. The defendants filed preliminary objections to the complaint challenging the "jurisdiction" of the Civil Trial Division to entertain the action and asserting "exclusive jurisdiction" was in the Orphans' Court Division. When these preliminary objections were overruled, the defendants filed this appeal under the provisions of the Act of March 5, 1925, P. L. 23, 12 P.S. § 672, as amended by the Act of July 31, 1970, P.L. 673, No. 223, Art. II, § 202, 17 P.S. § 211.202 (Supplement).

The issue presented is not one of jurisdiction. See Posner v. Sheridan, 451 Pa. 51, 299 A.2d 309 (1973). Hence, the appeal is not cognizable under the Act of 1925, supra. The decree entered in the trial court is

[ 456 Pa. Page 13]

    interlocutory in nature from which the instant appeal does not lie.*fn1

Appeal quashed. Each party to pay own costs.

Disposition

Appeal quashed.


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