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LOIS ROUSE v. NEW HAMPSHIRE INSURANCE COMPANY AT NO. 989 PHILA 1982 (11/25/83)

SUPERIOR COURT OF PENNSYLVANIA


November 25, 1983

LOIS ROUSE, ADMINISTRATRIX OF THE ESTATE OF MAURICE ROUSE AND ROBERT ROUSE; APPELLANT AT NO. 875 PHILA 1982
v.
NEW HAMPSHIRE INSURANCE COMPANY; APPELLANT AT NO. 989 PHILA 1982

No. 875 Philadelphia 1982, No. 989 Philadelphia 1982, Appeals from the Order of March 3, 1982, Court of Common Pleas, Philadelphia County, Civil at No. 1273 September Term 1981.

Before Cirillo, Johnson and Cercone, JJ.

Per Curiam:

This matter, raising certain questions concerning the statute of limitations to be applied in actions involving certain categories of no-fault benefits, involves cross-appeals brought from an order denying defendant's preliminary objections as to funeral expenses and sustaining preliminary objections as to work loss benefits and loss of income. The plaintiff, Lois Rouse, at No. 875 Philadelphia 1982 appeals from that portion of the order sustaining preliminary objections as to work loss benefits and loss of income. The defendant, New Hampshire Insurance Company, at No. 989 Philadelphia, 1982 appeals from that portion of the order denying its objections as to funeral expenses.

Our jurisdiction is limited to appeals from final orders and to such appeals from interlocutory orders as authorized by law or permitted upon certification by the lower court. 42 Pa.C.S.A. ยงยง 702, 742, Pa.R.A.P. 301-312. The question of jurisdiction is one that we are required to raise sua sponte. Aloi v. Aloi, 290 Pa. Super. 125, 434 A.2d 161 (1981).

As to the appeal at 875 Philadelphia 1982, an order sustaining preliminary objections without dismissing the complaint or terminating the action is interlocutory and not appealable unless expressly made so by statute, absent the showing of extraordinary or exceptional circumstances. Hauser v. Goldstein, 434 Pa. 84, 252 A.2d 616 (1969). Suburban East Tires, Inc. v. Duquesne Light Co., 302 Pa. Super. 284, 448 A.2d 638 (1982).

As to the appeal at No. 989 Philadelphia, 1982 an order dismissing preliminary objections is not a final, appealable order. Tate v. MacFarland, 303 Pa. Super. 182, 449 A.2d 639 (1982).

At this point, both Rouse as plaintiff and New Hampshire Insurance Company as defendant are still in court. Since both plaintiff and defendant seek to appeal from the same interlocutory order, we must quash both appeals.

Accordingly, the appeals at No. 875 and at No. 989 Philadelphia 1982 are hereby quashed.

19831125

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