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JOHN J. CASSIDY v. KEYSTONE INSURANCE COMPANY (04/02/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: April 2, 1982.

JOHN J. CASSIDY
v.
KEYSTONE INSURANCE COMPANY, APPELLANT

No. 1549 Philadelphia, 1981, Appeal from the Order of May 22, 1981 in the Court of Common Pleas of Montgomery County, Civil Action, Law at No. 81-10003.

COUNSEL

Dean B. Stewart, Norristown, for appellant.

Bernard V. Digiacomo, Norristown, for appellee.

Spaeth, Cavanaugh and Montemuro, JJ.

Author: Per Curiam

[ 297 Pa. Super. Page 422]

Appellant appeals from the May 22, 1981 order of the Court of Common Pleas of Montgomery County granting appellee's petition for the appointment of an arbitrator. Because that order is interlocutory we quash this appeal.

A final order is one which ends the litigation, or alternatively, disposes of the entire case. Piltzer v. Independence Federal Savings and Loan Association of Philadelphia, 456 Pa. 402, 319 A.2d 677 (1974) (citing cases); Robinson v. Pocono Futures, Inc., 275 Pa. Super. 44, 418 A.2d 602 (1980). Since the order in question simply appointed a common law arbitrator but did not end the litigation, the order is interlocutory and not appealable by right. Wilson v. Keystone Insurance Company, 289 Pa. Super. 101, 432 A.2d 1071 (1981).*fn1

Finally, we note that an interlocutory appeal may be taken by permission pursuant to Chapter 13 of the Rules. Pa.R.A.P. 312 and 42 Pa.C.S. ยง 702(b). See, e.g. Pa.R.A.P. 1311. However, appellant did not invoke the procedure outlined in Chapter 13. Since no permission was sought to take this interlocutory appeal, the appeal must be quashed.

Appeal quashed.


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