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VILLAGE GENTRY v. WEST VILLAGE AND FOX COMPANY. APPEAL ALLEN L. FEINGOLD (06/24/83)

filed: June 24, 1983.

VILLAGE GENTRY, INC., T/A AND KNOWN AS REGALIA MEN'S BOUTIQUE,
v.
WEST VILLAGE AND THE FOX COMPANY. APPEAL OF ALLEN L. FEINGOLD



No. 2905 PHILADELPHIA, 1981, Appeal from an Order entered October 15, 1981, Court of Common Pleas, Trial Division, of Philadelphia County, No. 3952 February Term, 1977.

COUNSEL

Allen L. Feingold, Philadelphia, appellant, in propria persona.

Joseph Feldman, Philadelphia, for Village Gentry, appellee.

John Francis Smith, III, Philadelphia, for West Village, appellee.

Richard B. Hardt, Philadelphia, for Fox, appellee.

Hester, Cirillo and Johnson, JJ.

Author: Per Curiam

[ 316 Pa. Super. Page 405]

Appellant Allen L. Feingold has appealed from the order of the trial court entered October 15, 1981. That order held appellant in contempt for his failure to withdraw his appearance for Village Gentry, Inc. after he was requested to do so by his client and for his failure to turn over his file in the instant case to Village Gentry, Inc.'s new counsel, Joseph G.

[ 316 Pa. Super. Page 406]

Feldman. The order also directed appellant to pay Feldman $350.00 in counsel fees for legal services rendered pursuant to Feldman's motion to quash an earlier appeal to this court by appellant from an order dated March 13, 1981.

Appellant's arguments can be capsulized as follows: 1) the lower court proceeding was conducted without a hearing and following but one day's notice to appellant that Attorney Feldman intended to present a Motion for Sanctions; 2) the order of the lower court violated appellant's due process rights in that it compelled the payment of $350.00 to Feldman; and 3) the order destroyed appellant's right to maintain a retaining lien on the files. In light of our disposition, we address appellant's first argument only.

The order of March 13, 1981 required appellant to withdraw his appearance and deliver the file to Feldman, upon payment of record costs. Appellant did not comply with this order, but instead filed a timely notice of appeal to this court. Feldman filed a motion to quash that appeal some four months later, upon appellant's failure to pursue the appeal. This court quashed that appeal on August 25, 1981.

As the appeal from the March, 13, 1981, order has been quashed, that order is no longer at issue. The quashing of the appeal from that order has rendered it, in effect, final. Therefore, the underlying issue concerning the propriety of the trial court's determination to require appellant to withdraw his appearance and turn over the file is no longer reviewable. If the order of March 13, 1981, is not reviewable, we need only determine whether ...


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