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ROBERT BRUCE TARNEF v. EUGENIA HOSPITAL AND DR. JOHN WOZNIAK. APPEAL DR. JOHN WOZNIAK (01/19/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: January 19, 1982.

ROBERT BRUCE TARNEF
v.
EUGENIA HOSPITAL AND DR. JOHN WOZNIAK. APPEAL OF DR. JOHN WOZNIAK

Appeal No. 1107 October Term, 1979, from the Order of the Court of Common Pleas, Civil Trial Division, Philadelphia County, June Term, 1973 No. 4876, DiBona, Judge.

COUNSEL

Harold B. Marcus, Philadelphia, for appellant.

Mark Mendel, Philadelphia, for Tarnef, appellee.

Walter J. Timby, Jr., Philadelphia, for Eugenia, appellee.

McEwen, Montemuro and Shertz,*fn* JJ.

Author: Per Curiam

[ 294 Pa. Super. Page 374]

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

[ 294 Pa. Super. Page 375]

    has not been reduced to judgment and docketed,*fn1 we cannot consider the merits of appellant's 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, 287 Pa. Super. 289, 430 A.2d 290 (1981); Brogley v. Chambersburg Engineering Co., 283 Pa. Super. 562, 424 A.2d 952 (1981).


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


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