Appeal, 158 | Pa. | Jan 25, 1971
Slagter
v.
Thrifty Clean, Inc., Appellant.
Supreme Court of Pennsylvania.
*273 Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.
A.L. Gambatese, for appellant.
Norman H. Stark, with him MacDonald, Illig, Jones & Britton, for appellees.
OPINION PER CURIAM, January 25, 1971:
In this action a jury trial resulted in the entry of a verdict in favor of the plaintiffs-appellee by direction of the trial court. The defendant-appellant filed a motion for a new trial which was later dismissed. This appeal was then filed without a final judgment being entered in the court below. The appeal will be quashed.
We have repeatedly advised the profession that an order refusing a new trial is interlocutory and is unappealable. Cf. Bartkewich v. Billinger, 430 Pa. 207" court="Pa." date_filed="1968-05-21" href="https://app.midpage.ai/document/bartkewich-v-billinger-2323847?utm_source=webapp" opinion_id="2323847">430 Pa. 207, 241 A.2d 916" court="Pa." date_filed="1968-05-21" href="https://app.midpage.ai/document/sacks-v-price-2324074?utm_source=webapp" opinion_id="2324074">241 A.2d 916 (1968), and cases cited therein. The appeal should not be filed and may not be entertained until a final judgment is entered.[1]
*274 Appeal quashed. Costs on appellant.
Mr. Justice COHEN took no part in the decision of this case.
NOTES
[1] Under the new Appellate Court Jurisdiction Act of 1970, § 501(b) (effective September 11, 1970) the Court is given discretion to entertain an appeal from an interlocutory order given certain conditions. These conditions are not present here.