Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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

CITY PHILADELPHIA v. FRANKLIN SMELTING AND REFINING COMPANY (08/20/82)

filed: August 20, 1982.

CITY OF PHILADELPHIA
v.
FRANKLIN SMELTING AND REFINING COMPANY, APPELLANT. BRIDESBURG CIVIC COUNCIL V. FRANKLIN SMELTING AND REFINING COMPANY, APPELLANT



No. 582 Philadelphia, 1981, No. 583 Philadelphia, 1981, Appeal from the Orders of the Court of Common Pleas of Philadelphia County, Trial Division, at Nos. 1868 October Term, 1979 and 3821, January Term, 1980.

COUNSEL

Carl N. Weiner and Louis W. Fryman, Philadelphia, for appellant.

Kenneth S. Cooper, Philadelphia, for City of Philadelphia, appellee.

Jerome Balter, Philadelphia, for Bridesburg, appellee.

Wickersham, McEwen and Lipez, JJ.

Author: Lipez

[ 303 Pa. Super. Page 394]

Defendant Franklin Smelting and Refining Company has filed two appeals, which have been consolidated here, from orders denying Franklin Smelting's preliminary objections to complaints by plaintiff City of Philadelphia and plaintiff Bridesburg Civic Council. These orders are interlocutory and non-appealable, and the appeal must therefore be quashed.

In its "statement of jurisdiction," Pa.R.A.P. 2114, Franklin Smelting relies on Rule of Appellate Procedure

[ 303 Pa. Super. Page 395341]

, which deals only with final orders. An order dismissing a defendant's preliminary objections, however, is clearly interlocutory. Balter v. Balter, 284 Pa. Super.Ct. 350, 355, 425 A.2d 1138, 1140 (1981); see Martino v. Transport Workers Union of Philadelphia -- Local 234, 301 Pa. Super.Ct. 161, 169, 447 A.2d 292, 296 (1982). Under the Act of March 5, 1925, P.L. 23, § 1, 12 P.S. § 672, such an order was nevertheless appealable if it dealt with a question of jurisdiction, Balter v. Balter, supra, but that statute was repealed effective June 27, 1980. See generally Gallardy v. Ashcraft, 288 Pa. Super.Ct. 37, 39-40, n.3, 430 A.2d 1201, 1202, n.3 (1981), appeal dismissed as improvidently granted, 497 Pa. 587, 442 A.2d 693 (1982).*fn1 Thus it is inapplicable to these appeals, which were filed on March 5, 1981.

Since section 672 is inapplicable, we need only consider whether the jurisdictional issues raised by Franklin Smelting meet the requirements of Pennsylvania Rule of Appellate Procedure 311(b), effective April 22, 1979. 8 Pa.Bull. 3636, 3637 (1978). The only jurisdictional issues covered by Rule 311(b)*fn2 are questions of personal or in rem jurisdiction.

In its appeal with respect to the Bridesburg Civic Council's complaint, Franklin ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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