McAnany v. Moeller
McAnany v. Moeller
Opinion of the Court
The instant action was begun by filing of a complaint in Equity which was dismissed on preliminary objections; an
Once again the defendant responded with preliminary objections, which contained three separate counts. The trial court sustained the objections to Count I in part and to Count III in its entirety. Count II remains, as does the action against the husband-defendant in Count I.
As to the merits of the lower court’s decision on Counts I and III, we are not at liberty to express an opinion, for this appeal is interlocutory. The jurisdiction for the appeal is predicated on 42 Pa.C.S.A. § 742, which provides that the Superior Court shall have jurisdiction over all final orders of the Courts of Common Pleas. To be final, however, the order must put the appellant out-of-court. We have repeatedly held that dismissal of one or more counts of a multi-count complaint does not put an appellant “out-of-court”. Therefore, the present order must be held to be interlocutory and not appealable. Bagshaw v. Vickers, 286 Pa.Super. 246, 428 A.2d 664 (1981); Giannini v. Foy, 279 Pa.Super. 553, 421 A.2d 338 (1980).
Appeal quashed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.