No. 483 Pittsburgh, 1982, Appeal from the Order of the Court of Common Pleas, Civil Division of Allegheny County, No. GD80-29654.
Lee V. Price, Pittsburgh, for appellants.
C. Donald Gates, Jr., and Elaine V. Preston, Pittsburgh, for appellees.
Brosky, Del Sole and Montgomery, JJ.
[ 334 Pa. Super. Page 276]
The parties herein entered into an agreement whereby plaintiffs-appellees sold their stock in Service Master of Three Rivers, Inc. to defendants-appellants. The agreement provided, inter alia, that appellants would pay appellees ten percent of the monthly gross receipts of the business for cleaning, painting and deodorizing services.
As a result of a dispute between the parties regarding whether appellants actually paid appellees the full ten percent, appellees filed a complaint in equity seeking an accounting and a judgment against appellants for the ten percent of the gross revenues still due and owing. Subsequent
[ 334 Pa. Super. Page 277]
to the filing of other pleadings, appellees filed a discovery motion seeking inspection of financial records of the corporation and individual appellants. Relying upon Jones v. New Pittsburgh Courier Publishing Company, 130 P.L.J. 36, 24 D & C3d 331 (1981), the trial court granted the motion, limiting discovery to matters relating to the receipt of funds by appellants in their business activities.
Appellants then petitioned the trial court to amend its order granting appellees' discovery motion to include a statement of certification for appeal by permission to this court. The Honorable R. Stanton Wettick entered an order denying the motion and appellant directly petitioned this court for review of both of the aforementioned orders. After consideration, the Honorable James E. Rowley granted the petition for review, transferred the petition to No. 483 Pittsburgh 1982,*fn1 and gave a briefing schedule. This panel heard the matter and entered a per curiam order denying the petition for review noting that a direct appeal had been quashed sua sponte. Appellants then filed an application for reargument. Having been apprised of the complete procedural history of the case, this panel granted reconsideration sua sponte. Hence, the matter is before us for review of the merits of the novel question raised.
Appellants contend that the trial court improperly granted appellees' motion for production of documents for inspection. They argue that the ordered discovery gave appellees the relief sought prior to establishing their entitlement to an accounting and is contrary to Pa.R.C.P. 1530.
An action for an accounting pursuant to Pa.R.C.P. 1530 required two distinct steps under prior practice: (1) trial on the duty to account; and, (2) if an accounting was warranted, a subsequent proceeding on the accounting to determine the amount due the injured party. Although this procedure is still viable, the court ...