F. Emmett Fitzpatrick, Dist. Atty., Abraham J. Gafni, Deputy Dist. Atty., for appellant.
Walter M. Phillips, Jr., Harry S. Tischler, Philadelphia, for appellee, Robert P. Kane.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Manderino, J., filed a dissenting opinion in which Nix, J., joined.
Appeal quashed. The appellant in this action, the District Attorney of Philadelphia, asks this Court to
review the letter of The Honorable Edward Bradley, President Judge of the Court of Common Pleas of Philadelphia, in which the Judge informed the appellant that the November 1975 Special Investigating Grand Jury would be staffed with personnel from the office of the Attorney General of Pennsylvania. No final order was entered.
Title 17 Section 211.202 provides that:
"The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the courts of the common pleas in any of the following classes of cases:
(7) Supersession of a district attorney by an Attorney General or by a Court."
Act of July 31, 1970, P.L. 673, No. 223, Art. II, § 202, 17 P.S. 211.202(7) (1975-1976 Supp.) (Emphasis added). While this is a case where a court has superseded a district attorney, no final order has been entered within this Court's definition of the term as set forth in Stadler v. Mt. Oliver Borough, 373 Pa. 316, 317-18, 95 A.2d 776 (1953):
"By a veritable multitude of decisions it has been established that, unless a special right to appeal is expressly given by statute, an appeal will lie only from a definitive order, decree, or judgment which finally determines the action. The Court cannot assume such ...