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LILLIAN RUTH GOLDBERG v. ALBERT W. GOLDBERG (11/13/81)

SUPERIOR COURT OF PENNSYLVANIA


filed: November 13, 1981.

LILLIAN RUTH GOLDBERG, APPELLANT,
v.
ALBERT W. GOLDBERG

No. 56 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Trial Division, at No. 4654 May Term, 1976.

COUNSEL

Stephen G. Brown, Philadelphia, for appellant.

Gilbert I. Yaros, Philadelphia, for appellee.

Spaeth, Brosky, and Hoffman, JJ.

Author: Per Curiam

[ 292 Pa. Super. Page 319]

This is an appeal from the order of the lower court dismissing appellant's exceptions following a non-jury trial. We are unable to reach the merits of the appeal, however, because the order dismissing appellant's exceptions has not been reduced to judgment and docketed.

It is now well-settled that "orders dismissing exceptions following non-jury trials are interlocutory and non-appealable until judgment has been entered on the docket." Murray v. Abcon, Inc., 291 Pa. Super. 428, 429, 435 A.2d 1301, 1302 (1981). See Pa.R.A.P. 301(c); Heffner v. Bock, 287 Pa. Super. 345, 430 A.2d 318 (1981); Penstan Supply Co. v. Hay, 283 Pa. Super. 558, 424 A.2d 950 (1981). Accordingly, because judgment has not been entered on the docket, we must quash this appeal.

Appeal quashed.

19811113

© 1998 VersusLaw Inc.



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