decided: March 25, 1974.
MICKLEGE ET UX., APPELLANTS,
Appeal from order of Court of Common Pleas of Washington County, No. 6619, in case of Matthew Micklege, Jr., and Mable Micklege, his wife v. John V. Capozzi and Margaret Capozzi, his wife; 256, Inc., a Pennsylvania Corporation, and Overbrook Savings and Loan Association of Pittsburgh, a Pennsylvania Corporation.
Milton D. Rosenberg, with him W. Bryan Pizzi, II, and Bloom, Bloom, Rosenberg & Bloom, for appellants.
Robert L. Ceisler, with him Patrono, Ceisler, Edwards & Pettit, for appellees.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.
Author: Per Curiam
[ 455 Pa. Page 552]
The decree of the Court of Common Pleas of Washington County, sustaining the preliminary objections of defendants Capozzi and 256, Inc., appellees, neither dismissed the complaint nor granted the plaintiffs leave to amend it.*fn* Accordingly, it is not a final decree from which an appeal can be taken. Cherry v. Empire Mutual Insurance Co., 417 Pa. 7, 10, 208 A.2d 470, 471 (1965). The appeal, therefore, is quashed and the case is remanded to that court for a final disposition. Each party to pay own costs.
Appeal quashed and case remanded.