No. 2687 Philadelphia, 1980, No. 2818 Philadelphia, 1980, No. 2688 Philadelphia, 1980, No. 2819 Philadelphia, 1980, Appeals from the Orders of the Court of Common Pleas of Lebanon County, Civil Division, Nos. 2634 & 2636 of 1979.
George E. Christianson, Lebanon, for appellants (at Nos. 2687 & 2688) and for appellees (at Nos. 2818 & 2819).
Frederick S. Wolf, Lebanon, for Leb-Co, Appellee.
Thomas S. Long, Lebanon, for appellant (at Nos. 2818 & 2819) and for appellee (at Nos. 2687 & 2688).
Montemuro, Hoffman and Van der Voort, JJ. Montemuro, J., files a dissenting opinion.
[ 290 Pa. Super. Page 524]
Following a non-jury trial in these consolidated actions in trespass and assumpsit, the lower court rendered a decision awarding plaintiffs Steven and Judith A. Gadbois and Larry P. Fox and Glenda M. Kreiser substantial damages for loss of value to their respective properties. Defendant Leb-Co Builders, Inc. and additional defendant Bethel Township subsequently filed exceptions challenging various aspects of the court's decision. The court sustained the exceptions to the method of calculating plaintiffs' property
[ 290 Pa. Super. Page 525]
damage, reducing the damages sharply, and denied the remaining exceptions in the order from which the present appeals are taken. We are unable to reach the merits, however, because the order disposing of the exceptions has not been reduced to judgment and docketed. It is settled that an order disposing of exceptions following a non-jury trial is interlocutory and non-appealable. Heffner v. Bock, 287 Pa. Super. 345, 430 A.2d 318 (1981). See also Lashner v. Redevelopment Authority of the City of Philadelphia, 286 Pa. Super. 549, 429 A.2d 659 (1981); Unterberger v. Life Assurance Co. of Pennsylvania, 286 Pa. Super. 469, 429 A.2d 34 (1981); Slaseman v. Myers, 285 Pa. Super. 187, 427 A.2d 165 (1981); Penstan Supply Co. v. Hay, 283 Pa. Super. 558, 424 A.2d 950 (1981). "Such an order does not become appealable until, 'on praecipe of any party,' Pa.R.A.P. 301(d), it is 'reduced to judgment and docketed,' Pa.R.A.P. 301(c). And see Pa.R.C.P. 1038(e). The requirement that judgment be docketed is jurisdictional." Unterberger v. Life Assurance Co. of Pennsylvania, supra 286 Pa. Super. at 470, 429 A.2d at 35. Because this requirement has not been met in the present case, the appeals are premature and must be quashed.
MONTEMURO, Judge, dissenting:
The instant action was the consolidation of two cases brought by home owners of adjacent properties against the builder-vendor of their homes. The Township was joined by the builder-vendor as additional defendant because of its considerable involvement in the issuance of permits for, and inspection of, the septic systems that utterly failed.
The matter has been to trial and re-heard on Exceptions by the Lower Court; briefs and reproduced record were submitted to this ...