filed: December 18, 1981.
JACK E. FISHER AND CONSTANCE FISHER, APPELLANTS,
JOHN R. FINDLAY AND HELEN FINDLAY, HIS WIFE
No. 852 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas of Pike County at No. 74 November Term, 1976.
Warren D. Utermahlen, Milford, for appellants.
Lucille Marsh, Scranton, for appellees.
Hester, Cavanaugh and Van der Voort, JJ. Van der Voort, J., filed a dissenting opinion.
Author: Per Curiam
[ 293 Pa. Super. Page 294]
Appellants have filed their appeal from the lower court's order refusing appellants' motion to set aside judgment of compulsory non-suit. 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, 291 Pa. Superior Ct. 402, 435 A.2d 1288 (1981).
VAN der VOORT, Judge, dissenting:
I respectfully dissent from the action of the majority which holds that the order refusing appellants' motion to set aside judgment of compulsory non-suit is not appealable because the order was not reduced to judgment and docketed. I would hold that the order of the court below refusing to take off the non-suit is properly before this Court for review. See my concurring and dissenting opinion in Durkin & Sons, Inc. v. Nether Providence Township School Authority, 291 Pa. Superior Ct. 402, 435 A.2d 1288 (1981).
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