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CHARLOTTE STEINER v. JOSEPH LURIE AND QUAKER STORAGE CO. (12/30/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: December 30, 1982.

CHARLOTTE STEINER, APPELLANT,
v.
JOSEPH LURIE AND QUAKER STORAGE CO.

No. 908 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas, Trial Division - Civil Section, of Philadelphia County, No. 2367 January Term, 1976.

COUNSEL

Irene H. Cotton, Philadelphia, for appellant.

Georgeanne Terrill, Philadelphia, for appellee.

Spaeth, Montgomery and Lipez, JJ.

Author: Per Curiam

[ 308 Pa. Super. Page 296]

Plaintiff has taken this appeal from a judgment entered in favor of defendant Quaker Storage Co., after the court below granted Quaker Storage's motion for compulsory non-suit. Plaintiff filed this appeal directly from the judgment, rather than filing a motion to remove the non-suit. An appeal does not lie from the entry of a judgment of non-suit, but rather from the refusal to take it off, and this rule applies to actions in both law and equity. Panepinto v. Dummy's Delightful Saloonery, 304 Pa. Super.Ct. 256, 258, 450 A.2d 668, 669 (1982), rearg. den'd. Accordingly, this appeal must be quashed. Id.

Appeal quashed.

19821230

© 1998 VersusLaw Inc.



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