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CARLENE STAWIARSKI AND JOHN J. STAWIARSKI v. RICHARD M. HALL (05/21/82)

filed: May 21, 1982.

CARLENE STAWIARSKI AND JOHN J. STAWIARSKI, HER HUSBAND
v.
RICHARD M. HALL, D. D. S. AND HALL ASSOCIATES, LTD., A PROFESSIONAL CORPORATION, APPELLANTS



No. 1014 Pittsburgh, 1980, Appeal from Order in the Court of Common Pleas, Civil Division, of Allegheny County, at No. GD 77-08263.

COUNSEL

Gail Gratton, Pittsburgh, for appellants.

Joseph M. Ludwig, Pittsburgh, for appellees.

Hester, Popovich and DiSalle, JJ. DiSalle, J., did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 300 Pa. Super. Page 68]

Presently before the court is appellants' appeal from the Order of the lower court dated October 10, 1980, wherein the lower court reactivated appellees' cause of action;*fn1 and appellees' motion to quash appellants' appeal.

[ 300 Pa. Super. Page 69]

We deny appellees' Motion to Quash Appeal; in addition, we vacate the October 10, 1980 Order of the lower court and reinstate the termination of appellees' cause of action pursuant to Allegheny County Local Rule 229(e).

Addressing first appellees' Motion to Quash appellants' appeal, we conclude that pursuant to Pa.Rules of Appellate Procedure 311(a)(1), appellants have the right to file the instant appeal, sans permission, notwithstanding the interlocutory nature of the appealed-from Order.

Pa.R.A.P. 311, which implements 42 Pa.C.S.A. ยง 5105(c) (Interlocutory Appeals) provides in relevant part:

Rule 311. Interlocutory appeals as of Right

(a) General Rule. Except as otherwise prescribed by general rule, an appeal may be taken as of right from:

(1) Affecting judgments. An order opening, vacating or striking off a judgment, or refusing to open, ...


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