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ROBERT B. MARCUS v. NORMAN P. HORWITZ AND AMERICAN ARBITRATION ASSOCIATION (03/30/84)

SUPERIOR COURT OF PENNSYLVANIA


March 30, 1984

ROBERT B. MARCUS, APPELLANT
v.
NORMAN P. HORWITZ AND AMERICAN ARBITRATION ASSOCIATION

No. 298 PITTSBURGH, 1982, Appeal from an Order in the Court of Common Pleas, Civil Division, of Allegheny County, No. G.D. 82-01890.

Before Rowley, Wieand and Hester, JJ.

Per Curiam:

Order is reviewable to the extent that it dismissed appellant's claim for the unenforceability of the Partnership Ageements' arbitration and restrictive covenant provisions, for a declaration of the parties' rights and for "other appropriate relief." Order is interlocutory and not reviewable to the extent that appellant has been denied the right to plead and prove compensatory damages. Order is also interlocutory and not reviewable to the extent that appellant may amend his allegations of fraud upon which he seeks rescission of the entire agreement. All lower court proceedings stayed meanwhile. Remanded solely for the purpose of giving the lower court sixty (60) days to draft an opinion. Jurisdiction retained.

WIEAND, J., files a Memorandum Concurring Statement.

19840330

© 1998 VersusLaw Inc.



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