468 A.2d 515 | Pa. Super. Ct. | 1983
On January 11, 1982, Appellant United States National Bank in Johnstown commenced an action in equity against various individuals, partnerships and corporations by filing a complaint containing averments of fact alleging violations of the Uniform Fraudulent Conveyance Act, Act of May 21, 1921, P.L. 1045, No. 379, § 1, 39 P.S. §§ 351 et seq. Counts Two and Four of the complaint contained allegations as to the involvement of Appellee G. Gray Garland, Pennsylvania
By order dated May 5, 1982, the trial judge, the Honorable Eugene A. Creany, sustained Garland’s preliminary objection in the nature of a demurrer and dismissed him as a party defendant. On May 12, 1982, the Bank filed “Exceptions” to the order of May 5. These exceptions were heard by the court en banc which, by an opinion and order dated August 2, 1982,
This appeal is untimely and will be quashed. Although the order of May 5, 1982, sustaining appellee’s preliminary objection in the nature of a demurrer applied to only one of the numerous parties, the order was final and appealable. Love v. Temple University, 422 Pa. 30, 220 A.2d 838 (1970); Fred Lowenschuss Associates v. DePallo, 274 Pa.Super. 290, 418 A.2d 411 (1980). The trial court’s order “should have made it clear to plaintiff[] that [it was] put out of
Appeal quashed.
. Pennsylvania Energy Company and Pennsylvania Energy Corporation sought dismissal for failure to state a cause of action and alternative relief of an order compelling a more specific complaint. The trial judge overruled the first ground but granted the request for an order compelling a more specific pleading. These rulings are not currently before us for review.
. The Honorable Joseph F. O’Kicki dissented only from that part of the opinion and order upholding Count Two of the Complaint as it applied to Pennsylvania Energy Company and Pennsylvania Energy Corporation. The decision to dismiss Garland as a party to this action was unanimous.