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CHARLES A. HASSLER AND JEAN S. HASSLER v. COLUMBIA GAS TRANSMISSION CORPORATION (01/05/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: January 5, 1982.

CHARLES A. HASSLER AND JEAN S. HASSLER, HIS WIFE,
v.
COLUMBIA GAS TRANSMISSION CORPORATION, APPELLANT

No. 556 Pittsburgh, 1980, Appeal from the Order of May 15, 1980, in the Court of Common Pleas, Washington County, Pennsylvania, Civil Division, No. 7348, in Equity, Book No. 43, Page 211

COUNSEL

Stephen D. Marriner, Jr., Washington, for appellant.

H. Terry Grimes, Waynesburg, for appellees.

Brosky, DiSalle and Shertz, JJ. Decision was rendered prior to Shertz and DiSalle, JJ., leaving the bench of the Superior Court of Pennsylvania.

Author: Shertz

[ 294 Pa. Super. Page 87]

In this equity action Appellant, Columbia Gas Transmission Corporation, appeals from the May 15, 1980, court en banc per curiam order dismissing exceptions to the Chancellor's order of December 27, 1979.*fn1 Because no final decree

[ 294 Pa. Super. Page 88]

    has been entered on the docket, we cannot reach the merits and must quash the appeal.

Orders dismissing exceptions following non-jury trials are interlocutory and non-appealable until docketed. Heffner v. Bock, 287 Pa. Super.Ct. 345, 430 A.2d 318 (1981); Lashner v. Redevelopment Authority of the City of Philadelphia, 286 Pa. Super.Ct. 549, 429 A.2d 659 (1981); Slaseman v. Myers, 285 Pa. Super.Ct. 167, 427 A.2d 165 (1981); Penstan Supply, Inc. v. Hay, 283 Pa. Super.Ct. 558, 424 A.2d 950 (1981). Similarly, orders dismissing post-trial motions following jury trials are interlocutory and non-appealable until entry of final judgment. See Slagter v. Thrifty Clean, Inc. (Slagter v. Mix), 441 Pa. 272, 272 A.2d 885 (1971); Thomas M. Durkin & Sons, Inc. v. Nether Providence Township School Authority, 291 Pa. Super. 402, 435 A.2d 1288 (1981); Brogley v. Chambersburg Engineering Co., 283 Pa. Super.Ct. 562, 424 A.2d 952 (1981).

In Murray v. Abcon, Inc., 291 Pa. Super. 428, 435 A.2d 1301 (1981), this court held that "the equity procedures are sufficiently analogous to those in other civil cases, See Pa.R.Civ.P. 1501 and Explanatory Note to Pa.R.Civ.P. 227.1, to require that a final decree be entered on the docket as a condition precedent to appeal." (Citations omitted). Based on this authority, we are constrained to quash this appeal because no final decree was entered.*fn2

Appeal quashed.


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