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ANN W. CASANI v. LINCOLN BANK (10/30/81)

filed: October 30, 1981.

ANN W. CASANI
v.
LINCOLN BANK, APPELLANT



No. 1769 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Trial Division Law, at No. 479, December Term 1979.

COUNSEL

Albert Ring, Philadelphia, for appellant.

Robert G. Bauer, Philadelphia, for appellee.

Cavanaugh, Johnson and Lipez, JJ.

Author: Lipez

[ 292 Pa. Super. Page 91]

This is an appeal by defendant Lincoln Bank from an order denying Lincoln Bank's motion for judgment on the pleadings in an action to quiet title. Because this order is interlocutory and not made appealable by rule or statute, the appeal must be quashed. See 42 Pa.C.S. § 704(b)(2).

Lincoln Bank claims the order is appealable under Pennsylvania Rule of Appellate Procedure 311(a)(7) and the Act of April 18, 1874, P.L. 64, § 1, 12 P.S. § 1097. Rule 311 provides:

(a) General Rule. Except as otherwise prescribed by general rule, an appeal may be taken as of right from:

(7) Other cases. An order which is made appealable by statute or general rule.

Pa.R.A.P. 311. Section 1097 provides:

In all actions now pending, or which may hereafter be brought, wherein, by act of assembly or rule of court, the plaintiff is entitled to ask for judgment for want of a sufficient affidavit of defense, and the court shall decide against his right to such judgment, plaintiff may except to such decision and take a writ of error to the supreme court.

12 P.S. § 1097.*fn1

[ 292 Pa. Super. Page ...


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