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EUGENIA LYONS v. PORT AUTHORITY ALLEGHENY COUNTY (05/04/84)

filed: May 4, 1984.

EUGENIA LYONS, APPELLANT
v.
PORT AUTHORITY OF ALLEGHENY COUNTY



No. 868 Pittsburgh, 1982, Appeal from the Judgment of the Court of Common Pleas, Allegheny County, Civil Division, at No. G.D. 80-8378.

COUNSEL

E.J. Strassburger, Pittsburgh, for appellant.

Allan J. Opsitnick, Pittsburgh, for appellee.

Brosky, Olszewski and Johnson, JJ.

Author: Brosky

[ 327 Pa. Super. Page 168]

This is an appeal from the judgment entered in the Court of Common Pleas of Allegheny County on an award of a Board of Arbitrators. Appellant contends that the Court of Common Pleas, in an order made prior to compulsory arbitration of the case, erred in denying her motion for summary judgment. We conclude that we do not have jurisdiction over this appeal and, accordingly, quash it.

On April 9, 1980, appellant filed a complaint against appellee in the Court of Common Pleas of Allegheny County. The complaint was answered and, after some discovery was conducted, appellant filed a motion for partial summary judgment. This motion was denied on January 20, 1982 by a court en banc.

After further discovery, the case was listed for a jury trial in May, 1982. A pretrial conciliation was then held, at which time the case was ordered to be transferred to a Board of Arbitration.*fn1 On June 8, 1982, the Arbitration Board found in favor of appellee after a hearing on the merits of the case.

No appeal to the Court of Common Pleas was taken from the arbitrators' award. Instead appellant caused judgment on the award to be entered on August 2, 1982*fn2 and filed this appeal from that judgment on August 6, 1982.

Appellee contends that this Court lacks jurisdiction to consider the instant appeal. For the reasons that follow herein, we agree.

We note initially that 42 Pa.C.S.A. ยง 742 provides that:

The Superior Court shall have exclusive appellate jurisdiction of all appeals from final orders of the courts of common pleas, regardless of the nature of the controversy or the amount involved, except such classes of appeals ...


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