Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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

JOHN MARION ADKINS v. EMPIRE KOSHER POULTRY (11/04/83)

SUPERIOR COURT OF PENNSYLVANIA


filed: November 4, 1983.

JOHN MARION ADKINS
v.
EMPIRE KOSHER POULTRY, INC. AND RED-WHITE MILLS, INC. APPEAL OF RED-WHITE MILLS, INC.

No. 46 Harrisburg, 1980, Appeal from the Order of the Court of Common Pleas of Juniata County, No. 209 of 1978 - Civil.

COUNSEL

Arthur Berman, Harrisburg, for appellant.

Fred T. Cadmus, III, West Chester, for appellee.

Price,*fn* Wieand and Lipez, JJ.

Author: Lipez

[ 321 Pa. Super. Page 31]

Defendant Red-White Mills, Inc. filed this appeal from an order dismissing preliminary objections to personal jurisdiction. While an order dismissing preliminary objections is clearly interlocutory, this appeal could properly be taken if the Act of March 5, 1925, P.L. 23, § 1, 12 P.S. § 672, were applicable. City of Philadelphia v. Franklin Smelting and Refining Company, 303 Pa. Super.Ct. 393, 394-95, 449 A.2d 745, 745-46 (1982), petition for allowance of appeal denied. However, insofar as it dealt with questions of personal jurisdiction, the 1925 Act was repealed and supplanted when new Rule of Appellate Procedure 311(b) became effective on April 22, 1979. 8 Pa.Bull. 3636, 3637 (1978); see DiSanto v. Dauphin Consolidated Water Supply Company, 291 Pa. Super.Ct. 440, 442-43 n. 1, 436 A.2d 197, 198 n. 1 (1981). This appeal was taken long after the effective date of Rule 311(b), and none of the requirements

[ 321 Pa. Super. Page 32]

    of Rule 311(b) has been satisfied.*fn1 The interlocutory order is therefore non-appealable, and the appeal must be quashed. 42 Pa.C.S. § 704(b)(2); City of Philadelphia v. Franklin Smelting and Refining Company, supra.


*fn* PRICE, J., did not participate in the consideration or decision of this case.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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