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FIRESTONE TIRE & RUBBER COMPANY v. W. P. COOKE (07/31/81)

SUPERIOR COURT OF PENNSYLVANIA


filed: July 31, 1981.

FIRESTONE TIRE & RUBBER COMPANY, APPELLANT,
v.
W. P. COOKE, INC.

Appeal No. 2735 October Term, 1978, from the Order of the Court of Common Pleas of Philadelphia County, Civil Action No. 1940, June Term, 1972; Wilson, Judge.

COUNSEL

Robert C. Heim, Philadelphia, for appellant.

Matthew J. Ryan, III, Philadelphia, for appellee.

Price, Wickersham and Lipez, JJ.

Author: Per Curiam

[ 289 Pa. Super. Page 334]

No judgment was entered in this appeal from the lower court's order dismissing exceptions to its verdict after a non-jury trial. Entry of judgment is a prerequisite to our exercise of jurisdiction. Slaseman v. Myers, 285 Pa. Super. 167, 168, 427 A.2d 165, 166 (1981), rearg. den'd. An order refusing a new trial, without entry of final judgment, is interlocutory and non-appealable. Folcarelli v. Transportation Services, Inc., 284 Pa. Super. 487, 426 A.2d 152 (1981). This appeal must therefore be quashed sua sponte. Id., 284 Pa. Super. at 489 n.1, 426 A.2d at 153 n.1.

Appeal quashed.

19810731

© 1998 VersusLaw Inc.



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