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JUDITH K. GARBART v. JAMES GARBART (03/12/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: March 12, 1982.

JUDITH K. GARBART
v.
JAMES GARBART, APPELLANT

No. 796 Pittsburgh, 1980, Appeal from the Order dated July 22, 1980, Court of Common Pleas, Civil Division, Washington County, at No. 126, February Term, 1980 A.D.

COUNSEL

Neil J. Marcus, Monongahela, for appellant.

James W. Haines, Jr., Monongahela, submitted a brief on behalf of appellee.

Beck, Johnson and Popovich, JJ.

Author: Per Curiam

[ 296 Pa. Super. Page 399]

This is an appeal from the lower court's Order dated July 22, 1980, making absolute Appellee's Rule to Show Cause why this divorce case should not proceed under the Divorce Code.*fn1 Appellant alleges, inter alia, that the lower court erred by making this Rule absolute, because the same court had two days previously issued a "Special Decree" in divorce under the Divorce Law of 1929.*fn2

Although not raised by either party, we shall address the issue of jurisdiction sua sponte.

An order granting an application that a pending divorce action proceed under the Divorce Code is not a final order and is therefore interlocutory. Toll v. Toll, 293 Pa. Super.Ct. 549, 439 A.2d 712 (1981).

This appeal must therefore be quashed.


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