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RUTH MARSHALL AND WILLIAM MARSHALL v. VIRGINIA POWERS AND GLADYS V. GROGAN. APPEAL GLADYS V. GROGAN (03/23/78)

decided: March 23, 1978.

RUTH MARSHALL AND WILLIAM MARSHALL, JR.,
v.
VIRGINIA POWERS AND GLADYS V. GROGAN. APPEAL OF GLADYS V. GROGAN



COUNSEL

LaBrum & Doak, James M. Marsh, Philadelphia, for appellants.

Wilfred F. Lorry, Philadelphia, for appellees.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Larsen, J., filed a dissenting opinion in which Manderino, J., joins.

Author: Per Curiam

[ 477 Pa. Page 307]

OPINION

In this case, the Court of Common Pleas of Philadelphia granted a motion by the plaintiff-appellees to strike new matter filed by the defendant-appellant which raised as a defense a release which allegedly discharged defendant-appellant from liability. The motion to strike alleged the

[ 477 Pa. Page 308]

    release was obtained in violation of the Act of June 9, 1972, P.L. 359, No. 97, § 1, 12 P.S. § 1630 (Supp.1977-78). The defendant-appellant appealed from the order granting the motion to strike to the Superior Court. The Superior Court affirmed per curiam. The defendant-appellant filed a petition for allowance of appeal and we granted the petition.

The order of the Court of Common Pleas is interlocutory, see Adcox v. Pennsylvania Mfrs. Ass'n Cas. Ins. Co., 419 Pa. 170, 213 A.2d 366 (1965), and hence, the Superior Court erred in entertaining an appeal therefrom in the absence of a certification pursuant to Section 501(b) of the Appellate Court Jurisdiction Act, Act of July 31, 1970, P.L. 673, No. 223, § 501(b), 17 P.S. 211.501(b) (Supp.1977-78).

Accordingly, the order of the Superior Court is vacated and the record is remanded to the Court of Common Pleas with a procedendo.

We express no view on the merits of the issue which resulted in the Court of Common Pleas order granting the motion to strike.

LARSEN, Justice, dissenting.

I dissent. When we granted allocatur in this case, we agreed to decide the merits of the case. The majority now wants to change horses in the middle of the stream. I will stick with our ...


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