No. 1013 October Term 1976, Appeal from the Order of the Court of Common Pleas, Trial Div., of Phila. County, Misc. Liquor Condemnation Docket Crim. Sec., January Term, 1975, No. 6
Harry Bowytz, Chief Counsel, J. Leonard Langan, Assistant Attorneys General and Robert P. Kane, Attorney General, Harrisburg, for appellant.
Harvey W. Robbins, Philadelphia, for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Jacobs and Hoffman, JJ., would re-transfer the case to Commonwealth Court.
[ 250 Pa. Super. Page 546]
This is an appeal by the Commonwealth from a decision of the Court of Common Pleas of Philadelphia denying a petition filed by the Pennsylvania Liquor Control Board for the forfeiture of 86 bottles of wine.
Initially, on July 23, 1975, this appeal was filed in the Commonwealth Court. However, on January 27, 1976, the
[ 250 Pa. Super. Page 547]
Commonwealth Court ordered the appeal transferred to this court.
This court's appellate jurisdiction is set forth in Section 302 of the Appellate Court Jurisdiction Act, Act of July 31, 1970, P.L. 673, No. 223, art. III, 17 P.S. § 211.302:
The Superior Court shall have exclusive appellate jurisdiction of all appeals from final orders of the courts of common pleas, regardless of the nature of the controversy or the amount involved, except such classes of appeals as are by any section of this act within the exclusive jurisdiction of the Supreme Court or the Commonwealth Court. (Emphasis added.)
"[T]he exclusive jurisdiction of . . . the Commonwealth Court" is set forth in Section 402 of the Appellate Court Jurisdiction Act, supra, 17 P.S. § 211.402, which provides in part that:
The Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of the courts of common pleas in any of the following cases . . .
(1) All civil actions or proceedings to which the Commonwealth or any officer thereof, acting in his official capacity, is a party except actions or proceedings in the nature of applications for a writ of habeas corpus or post-conviction relief not ancillary ...