No. 1997 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas, Trial Division, Law, of Philadelphia County at No. 3883 May Term, 1978.
Richard Ford Wells, Philadelphia, for appellants.
Gene E.K. Pratter, Philadelphia, for appellees.
Wieand, McEwen and Popovich, JJ. McEwen, J., concurs in the result. Wieand, J., files a concurring and dissenting opinion.
[ 305 Pa. Super. Page 241]
This is an appeal from an order of the court below which denied a petition filed by appellants, Caudill, Rowlett, Scott and C.M. Associates, Inc. "TO INTERVENE AND REQUEST RESCISSION OR MODIFICATION OF THE COURT OF COMMON PLEAS OF DECEMBER 16, 1980". We must quash the appeal because it is interlocutory.
The facts in the instant case were set forth succinctly by the trial court and are as follows:
This litigation arises in the context of a claim by appellee-respondent, Inryco, Inc., for damages sustained during its participation in the Wyoming Valley West High School construction project. Litigation in the Philadelphia Court of Common Pleas between the respondent and its subcontractor on the project, Helmark Steel, Inc., was previously settled.
The disputes in this settled litigation came to trial before Judge Victor DiNubile in September, 1980. Prior to commencement of trial and thereafter, Judge DiNubile was involved in supervising settlement negotiations among the parties. The matter was finally resolved, with court approval, prior to the conclusion of trial.
An integral part of the judicially supervised settlement was the embodiment of the parties' agreement, in a court order, that the entire record of the case be placed under seal and that all documents and deposition transcripts provided or received in the course of discovery be deemed "proprietary and confidential." The order, the terms of which were evaluated and approved by Judge DiNubile, was signed by Judge Stanley M. Greenberg on December 16, 1980, providing, in pertinent part:*fn1
"3. The entire record of this case is hereby placed under seal.
[ 305 Pa. Super. Page 2424]
. All documents filed of record in this case, all documents provided or received in the course of discovery by any party in this action and all transcripts of depositions taken in this action shall be deemed to have been designated as proprietary and confidential, pursuant to the Stipulation and Confidentiality Order heretofore agreed to by the parties hereto on August 1, 1979 and September 2, 1980, which Stipulation and Confidentiality Orders shall continue in full force ...