Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

LARRY KENNETH HILLIARD v. DORIS A. HILLIARD AND THEOL GOWER (02/16/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: February 16, 1982.

LARRY KENNETH HILLIARD, APPELLANT,
v.
DORIS A. HILLIARD AND THEOL GOWER

No. 392 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas of Monroe County, Civil Division, at No. 1361 June Term, 1978

COUNSEL

Edwin Krawitz, East Stroudsburg, for appellant.

Stanley P. Ticktin, Stroudsburg, for appellees.

Brosky, Popovich and Montgomery, JJ.

Author: Per Curiam

[ 295 Pa. Super. Page 318]

Appellant, Larry Kenneth Hilliard, appeals from the order of the trial court dismissing his exceptions -- thereby denying his divorce claim -- and which granted the appellee's, Doris Hilliard's, counterclaim for divorce. The appeal has been taken from a divorce action in which the order of the trial court has not been reduced to a judgment and docketed.

In Gadbois v. Leb-Co. Builders, Inc., 290 Pa. Super. 523, 525, 434 A.2d 1267, 1267-1268 (1981), we said:

It is settled that an order disposing of exceptions following a non-jury trial is interlocutory and non-appealable. Heffner v. Bock, 287 Pa. Super. 345, 430 A.2d 318 (1981). See also Lashner v. Redevelopment Authority of the City of Philadelphia, 286 Pa. Super. 549, 429 A.2d 659 (1981); Unterberger v. Life Assurance Co. of Pennsylvania, 286 Pa. Super. 469, 429 A.2d 34 (1981); Slaseman v. Myers, 285 Pa. Super. 167, 427 A.2d 165 (1981); Penstan Supply Co. v. Hay, 283 Pa. Super. 558, 424 A.2d 950 (1981). "Such an

[ 295 Pa. Super. Page 319]

    order does not become appealable until, 'on praecipe of any party,' Pa.R.A.P. 301(d), it is 'reduced to judgment and docketed,' Pa.R.A.P. 301(c). And see Pa.R.C.P. 1038(e). The requirement that judgment be docketed is jurisdictional." Unterberger v. Life Assurance Co. of Pennsylvania, supra, 286 Pa. Super. at 470, 429 A.2d at 35.

Because this requirement has not been met in the present case, the appeal is premature and must be quashed.

Appeal quashed.

19820216

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.