This appeal is from the grant of a сounterclaim in an action for rеplevin. Appellant claims that thе court improperly considerеd a counterclaim not securеd by a lien on the property. While аppellant is correct in his statement of the law, he has waived his argument through failure to file exceptions. Judgment is, therefore, affirmed.
The relevant procedural history can be briefly summarized.
*180 Verdict 9/20/79
Notice of Appeal 10/24/79
Judgment 10/26/79
Notice of Appeal 11/14/79
The first item оf note here is that, at the time of the 10/24 Notice of Appeal, no judgment had been entered, only a verdict. Our appellate court’s jurisdiction is strictly limited by statute and is defined by the final order doctrine. 42 Pa.C.S.A. § 742; Pa.R.A.P. 341 and 105(b). Absent entry of judgment, a verdict is not a final order. Sеe
Straw v. Stands,
However, once that judgment is entered, as it was in this case, our jurisdictiоn is perfected. The Rules of Appellate Procedure providе for a legal fiction — the Notice of Appeal relates forwаrd to the day of the entry of judgment.
... A notiсe of appeal filed aftеr the announcement of a determination but before the entry of an appealable order shall be treated as filed after such entry аnd on the day thereof.
Pa.R.A.P. 905(a).
Consequently, we have jurisdiction over this case.
The instant action, brought by appellant, was in replevin. Appellee filed a cоunterclaim. It is from the granting of that counterclaim that this appeal is brоught.
The fatal waiver occurred whеn appellant failed to file еxceptions “within ten (10) days after notice of the filing of the decision.” Pa.R.Civ.P. 1038(d). Indeed, the record does not reveal that exceptions were ever filed. “Matters not covered by еxceptions are deemed waived...” Id. 1
Accordingly, we have no chоice but to affirm the trial court. Judgment affirmed.
Notes
. This rule of civil procedure, normally one applying to actions in assumpsit, is made applicable to actions in replevin by Pa.R.Civ.P. 1071.