483 A.2d 943 | Pa. Super. Ct. | 1984
Appellant, National Mine Service Co., Inc., takes this appeal from the order of the court of common pleas dismissing appellant’s petition, in which appellant asked that appel-lee-plaintiffs’ complaint be stricken for failure to prosecute the case, pursuant to Allegheny County Rule of Civil Procedure, Rule 229(e). The hearing court denied appellant’s petition, finding the local rule to be in conflict with Pa.R. J.A. 1901 and thus invalid. Because the present appeal is from a nonappealable, interlocutory order, it must be quashed and, therefore, we do not reach the merits.
It is a well established rule of law that an appeal will lie only from final orders, unless expressly permitted by statute. William H. O’Brien & Son v. Virginia Mansions Apartments, Inc., 277 Pa.Super. 568, 419 A.2d 1295 (1980). In Basalyga v. Hohensee, 431 Pa. 191, 245 A.2d 255 (1968), the supreme court ruled that the denial of a motion to dismiss, made on the ground that plaintiff failed to prosecute his case with diligence, was an interlocutory order and not appealable. Similarly, in William H. O’Brien & Son, Inc. v. Virginia Mansions Apartments, Inc., supra, we quashed as interlocutory an appeal taken from an order of the trial court en banc dismissing defendant’s exceptions to the denial of defendant’s petition for non pros. Both of these cases are on point with the appeal now before us. Appellant’s appeal, being from the denial of a motion to strike for failure to prosecute the case, is based upon an interlocutory order. As such, it must be quashed.
Appeal quashed.