Basalyga v. Hohensee

245 A.2d 255, 431 Pa. 191, 1968 Pa. LEXIS 610

Opinion

Opinion by

Mr. Chief Justice Bell,

On January 28, 1964, plaintiff filed an action in equity against defendant. Subsequently, on December 7, 1967, defendant filed a motion to dismiss on tbe ground that plaintiff failed to prosecute bis case with diligence. On February 14, 1968, the lower court denied defendant’s motion to dismiss and from tbis denial defendant took tbis appeal. Tbe Order appealed from is clearly interlocutory.

Tbis Court has consistently quashed as premature interlocutory appeals from orders, judgments or decrees which did not constitute a final disposition of tbe case, unless the appeal was authorized by statute or exceptional circumstances existed. See: Com. v. Sites, 430 Pa. 115, 242 A. 2d 220; Commonwealth v. Byrd, 421 Pa. 513, 517-519, 219 A. 2d 293; Commonwealth v. Kilgallen, 379 Pa. 315, 320, 108 A. 2d 780. Cf. also, O’Donnell v. Bachelor, 425 Pa. 626, 229 A. 2d 755; and Lynch v. Metropolitan Life Insurance Company, 422 Pa. 488, 222 A. 2d 925; and Kine v. Forman, 412 Pa. 163, 194 A. 2d 175.

The order of tbe lower court is not a final order, it is not appealable by Statute and there are no exceptional circumstances to justify it.

Appeal quashed; costs on appellant.