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SAMUEL RAPPAPORT v. ELIAS H. STEIN & LEON SILVERMAN AND THEODORE SNYDER (01/28/87)

filed: January 28, 1987.

SAMUEL RAPPAPORT, APPELLANT,
v.
ELIAS H. STEIN & LEON SILVERMAN AND THEODORE SNYDER



Appeal form the Order entered February 14, 1986 in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 248 April Term 1980.

COUNSEL

Jerome J. Verlin, Philadelphia, for appellant.

Stuart H. Savett, Philadelphia, for Stein, appellee.

Jeffrey B. Albert, Philadelphia, for Snyder, appellee.

Cirillo, President Judge, and Beck and Johnson, JJ.

Author: Beck

[ 360 Pa. Super. Page 326]

This is an appeal from an interlocutory order entered by the court below in the exercise of its broad supervisory powers as a court of equity presiding over the winding up of five dissolved partnerships and one joint tenancy.*fn1 The order appealed from states:

AND NOW, this 14th day of February, 1986 it is hereby

[ 360 Pa. Super. Page 327]

ORDERED

     that, commencing on March 17, 1986, Lanard & Axilbund, Inc. shall take all reasonable and appropriate steps to sell the real estate properties of the various partnerships.

Appellant, Samuel Rappaport, one of the partners, contends on appeal that this order (the "February Order") effectively appoints Lanard & Axilbund as the liquidating receiver of the partnerships and is, therefore, appealable as of right under Pennsylvania Rule of Appellate Procedure 311(a)(2). Pa.R.A.P. 311(a)(2). This rule grants an appeal as of right from an interlocutory order

Id.

Assuming the appealability of the February Order, Appellant seeks reversal thereof on the grounds that its entry was procedurally flawed and that no receiver should have been appointed in this case because of the absence of ...


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