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ELIZABETH D. DONLIN AND LEO A. DONLIN v. J.J. NEWBERRY CO. AND MCCRORY CORP. (01/19/82)

SUPERIOR COURT OF PENNSYLVANIA


January 19, 1982

ELIZABETH D. DONLIN AND LEO A. DONLIN, HER HUSBAND
v.
J.J. NEWBERRY CO. AND MCCRORY CORP., APPELLANTS

No. 2363 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas, Civil Action Law Bradford County, at No. 79-3645.

Before McEWEN, Montemuro and Shertz,*fn* JJ.

Per Curiam:

This is an appeal from an order denying a motion for new trial and judgment n.o.v. In light of the fact that the order has not been reduced to judgment and docketed,*fn1 we cannot consider the merits of appellants' contentions. "An order denying a motion for a new trial... does not constitute an appealable order." Pa. R.A.P. 301(c). Therefore, this appeal is premature and must be quashed. Slagter v. Mix, 441 Pa. 272, 272 A.2d 885 (1971); Richard v. Chester Extended Care Center, Pa. Super. , 430 A.2d 290 (1981); Brogley v. Chambersburg Engineering Co., Pa. Super. , 424 A.2d 952 (1981).


*fn* Shertz, J. did not participate in the consideration or decision of this case.


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