No. 359 Pittsburgh, 1980, Appeal from the Order of the Court of Common Pleas of Allegheny County, Civil Division, at Nos. 75-4617 and GD 75-11590.
Steven H. Wyckoff, Pittsburgh, for appellant.
Avrum Levicoff, Pittsburgh, for Air Products & Chemicals Co., Inc., appellee.
Daniel F. Cusick, Pittsburgh, for Westinghouse Elec. Corp., appellee.
Charles Kirshner, Pittsburgh, for Welding and Steel Fabrication Co., Inc., appellee.
Hester, Brosky and Van der Voort, JJ. Van der Voort, J., files a concurring and dissenting opinion.
[ 292 Pa. Super. Page 469]
Appeal was taken in this case from a lower court order denying plaintiff's motions to remove compulsory nonsuits and for a new trial. Because the order has not been reduced to judgment and docketed on the basis of Pa.R.A.P. 301(c) the appeal is untimely. Durkin & Sons, Inc. v. Nether Providence Township School Authority, et al., 291 Pa. Superior Ct. 402, 435 A.2d 1288 (1981).
[ 292 Pa. Super. Page 470]
VAN der VOORT, Judge, concurring and dissenting:
I concur in the action of the majority in quashing this appeal insofar as it pertains to the refusal of plaintiff's motion for a new trial. I respectfully dissent to that part of the decision by the majority insofar as it pertains to the denial of plaintiff's motion to remove the compulsory nonsuits. See my concurring and dissenting opinion in Durkin & Sons, Inc. v. ...