No. 2823 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas of Montgomery County, Trial Division -- Equity, at No. 78-14472
Milton S. Lazaroff, Philadelphia, for appellants.
Abraham C. Reich, Philadelphia, for appellees.
Montemuro, Hoffman and Van der Voort, JJ. Montemuro, J., files a dissenting opinion.
[ 293 Pa. Super. Page 295]
Because no final decree in equity was entered on the docket below we cannot reach the merits and, accordingly, quash this appeal. A lower court's direction to enter a specified order, unaccompanied by actual entry of the specified order on the docket, is interlocutory and not appealable and must be reduced to judgment and docketed before an appeal can be taken. Pa.R.A.P. 301(c). See Coren v. DiDomenico, 291 Pa. Superior Ct. 331, 435 A.2d 1252 (1981). The order appealed from merely states that the decree nisi "shall be entered on praecipe." No final decree was ever entered.
[ 293 Pa. Super. Page 296]
Consequently, we must quash this appeal. Murray v. Abcon, Inc., 291 Pa. Superior Ct. 428, 435 A.2d 1301 (1981); Mercadante v. Ranieli, 271 Pa. Superior Ct. 565, 414 A.2d 397 (1979).
MONTEMURO, Judge, dissenting:
The litigants in this case have had a property-line dispute in our court system since August of 1978. There is at present a cloud on the titles of these properties which is now heading into its fourth year. The case was docketed into the Superior Court in December of 1980, was argued in May of 1981, and the present opinion will be published in November of 1981. By that schedule, the litigants can now expect to spend another year in this state of indecision in which neither can easily sell or improve the properties.
The decision to quash strikes me as particularly unjust in this instance, as the Order of the Lower Court upon which the appeal was taken is ...