Beers v. Raub
Beers v. Raub
Opinion of the Court
Appellants, Garry W. Raub and R. Keith Raub, challenge an order of the Court of Common Pleas of Perry County. The order confirmed a viewers’ report that recommended the opening of a private road across the Raubs’ land. Because the trial court has yet to decide the issue of damages, we quash this appeal as interlocutory.
Our courts have consistently and for many years discouraged multiple appeals in a single case. The fair and efficient administration of justice cannot tolerate “piecemeal determinations and the consequent protraction of litigation.” Fried v. Fried, 509 Pa. 89, 97, 501 A.2d 211, 215 (1985) (quoting Sullivan v. Philadelphia, 378 Pa. 648, 649, 107 A.2d 854, 855 (1954)). See also Pugar v. Greco, 483 Pa. 68, 394 A.2d 542 (1978); Praisner v. Stocker, 313 Pa.Super. 332, 459 A.2d 1255 (1983). Piecemeal review delays the
In the present case, the Raubs ask us to review the trial court’s May 19, 1986 order even though that order did not dispose of the entire case. The trial court acknowledges in its memorandum opinion that the issue of damages remains unresolved. The Raubs therefore have praeciped the prothonotary of Perry County to list the damages issue for a jury trial. We find little difference, if any, between this case and one in which the court grants a default or partial summary judgment on the issue of liability but reserves for trial the issue of damages. We have consistently held that this kind of judgment is interlocutory and unappealable. See Sims v. Feingold, 329 Pa.Super. 437, 478 A.2d 868 (1984); Praisner v. Stocker, supra; Inselberg v. Employers Mut. Companies, 291 Pa.Super. 406, 435 A.2d 1290 (1981). Moreover, nothing about the May 19 order would justify immediate appellate review. The issues that the
We recognize that our decision here appears to depart from past practice in this kind of case. In In re Private Road in Monroeville Borough, 204 Pa.Super. 552, 205 A.2d 885 (1964), this court held that the right to a jury trial in the court of common pleas on the issue of damages was a remedy distinct from the right to file exceptions to the viewers’ report in the court of quarter sessions. We heard the appeal from quarter sessions in that case even though the appellant had filed a separate appeal to the court of common pleas on the damages issue.
Appeal quashed.
. Although neither party has challenged the jurisdiction of this court, we raise the issue, as we must, sua sponte. See Fried v. Fried, 509 Pa. 89, 501 A.2d 211 (1985).
. In an accompanying memorandum opinion, the court observed that "the issue of damages survives and will be submitted to a jury upon a listing for trial. Since finality is desirable, said listing must take place within a period of thirty days of the date of final Order in connection with this appeal.” Trial Court Op. of May 13, 1986, at 5. We assume that the “final order” to which the court referred was the order of May 19, 1986 and that the "appeal" to which it referred was the Raubs’ appeal from the viewers’ report to the court of common pleas.
. This appeal, moreover, falls within none of the narrow categories of "interlocutory appeals as of right” under Pa.R.A.P. 311, and the Raubs have not sought permission to appeal under Pa.R.A.P. 1301-1323.
. We did not expressly question our jurisdiction in Monroeville Borough. Appellant had argued that he was entitled to a jury trial in the court of quarter sessions on the issue of damages. We concluded that the Act of 1836 afforded no such right and that appellant would have to pursue a jury trial as a separate remedy in the court of common pleas.
. We recognize that section 517 of the Eminent Domain Code expressly treats confirmation of the viewers’ report as a final order even though the issue of damages remains outstanding. See Act of June 22, 1964, P.L. 84, art. V, § 517, 26 P.S. § 1-517. Although we occasionally have looked to the Eminent Domain Code for guidance in private road cases, see, e.g., In re Private Road in Greene Twp., 343 Pa.Super. 304, 494 A.2d 859 (1985) (expert testimony required on damages
Dissenting Opinion
dissenting:
I respectfully dissent. Proceedings to open private roads and proceedings to recover damages therefor continue to be governed by the Act of June 13, 1836, P.L. 551, §§ 11, 12, 16, as amended, 36 P.S. §§ 2731, 2732, 2736. The proceedings to open private roads and the proceedings to recover damages therefor are separate proceedings. Indeed, the Supreme Court has held that the commencement of proceedings for the assessment of damages waives defects in the order confirming the opening of the private road. Weaver’s Road, 45 Pa. 405 (1863). The “bifurcated course” which the two proceedings must take has not been altered by the establishment of a unified judicial system. The proceedings remain separate and distinct in order to enable the trial court to determine all legal issues involved in a proceeding to take one person’s land for the opening of another’s private road. Only when it has been determined finally that a private road is to be opened across the lands of another does it become necessary to estimate damages “in the manner provided in the case of a public road.” Act of June 13, 1836, P.L. 551, § 16, as amended, 36 P.S. § 2736.
I would hold, therefore, that an order determining finally that a private road shall be opened over the land of another is final and appealable. See: In re Private Road in Monroeville Borough, 204 Pa.Super. 552, 205 A.2d 885 (1964); Mattei v. Huray, 54 Pa.Commw. 561, 422 A.2d 899 (1980).
Reference
- Full Case Name
- Carrie E. BEERS, Appellee, v. Garry W. RAUB and R. Keith Raub, Appellants
- Cited By
- 7 cases
- Status
- Published