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JAMES D. FLOOD AND APARTMENTS v. ROBERT C. BELL (04/10/81)

filed: April 10, 1981.

JAMES D. FLOOD AND APARTMENTS, INC.
v.
ROBERT C. BELL, J. DONALD MCKINNEY, CAROL S. MCKINNEY, MCKINNEY PROPERTY CO., ALSO KNOWN AS MCKINNEY PROPERTY COMPANY AND FORMERLY KNOWN AS MCKINNEY CONSTRUCTION COMPANY, AND MCKINNEY AND CO., INCORPORATED. APPEAL OF J. DONALD MCKINNEY, MCKINNEY AND CO., INCORPORATED, AND MCKINNEY PROPERTY COMPANY



No. 129 Pittsburgh 1980, Appeal from Order in the Court of Common Pleas of Allegheny County, Civil Division, No. GD 77-21506.

COUNSEL

Paul H. Titus, Pittsburgh, for appellants.

John M. Feeney, Pittsburgh, for Flood and Apartments, appellees.

William G. Sutter, Jr., Pittsburgh, for Bell et al., appellees.

Spaeth, Hester and Cavanaugh, JJ.

Author: Per Curiam

[ 287 Pa. Super. Page 516]

Presently before the court is the appeal of appellants, J. Donald McKinney, McKinney Property Company, and McKinney and Co., Incorporated, hereinafter sometimes "McKinney" from the order of the lower court dated February 14, 1980. In response to appellants' petition to disqualify John Feeney, Esquire and all members and associates of the law firm of Baskin and Sears from participating or representing appellees in the above matter, the lower court ordered that all members and associates of the law firm of Baskin and Sears, with the exception of John M. Feeney, Esquire, (emphasis added) were to be disqualified from participating in or representing the appellees in the above captioned suit and further, it was ordered that although John M. Feeney, Esquire was permitted to continue his representation of appellees, Feeney was directed not to discuss his representation of appellees with any other members or associates of Baskin and Sears.*fn1 The crux of McKinney's appeal is its objection to Feeney's continued representation of the appellees herein.

Thereafter, appellees filed a motion to quash the instant appeal wherein they contend that the February 14, 1980 order is interlocutory and therefore unappealable; and

[ 287 Pa. Super. Page 517]

    since the lower court in its order did not certify same for an interlocutory appeal nor did appellants file either an application for appeal or petition for review, appellees' motion to quash should be granted.

In support of its motion to quash, appellees cite Section 742 of the Judicial Code, 42 Pa.C.S. § 742 which provides:

§ 742. Appeals from courts of common pleas

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 provision of this chapter within the exclusive ...


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