Carter v. Aaacon Auto Transport, Inc.

Superior Court of Pennsylvania

Carter v. Aaacon Auto Transport, Inc.

429 A.2d 658, 286 Pa. Super. 547, 1981 Pa. Super. LEXIS 2620

CourtSuperior Court of Pennsylvania

DecidedMay 8, 1981

DocketNo. 1640

StatusPublished

Cited by2 cases

This text of 429 A.2d 658 (Carter v. Aaacon Auto Transport, Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter v. Aaacon Auto Transport, Inc., 429 A.2d 658, 286 Pa. Super. 547, 1981 Pa. Super. LEXIS 2620 (Pa. Ct. App. 1981).

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Opinion

CERCONE, President Judge:

Appellee, Winston Carter, filed a complaint against appellant, Aaacon Auto Transport, Inc., [hereinafter Aaacon], alleging breach of appellant’s contract to transport appellee’s automobile from Pittsburgh, Pennsylvania, to Anglewood, California. After an arbitration hearing on June 29, 1977, an award was entered for Carter. Aaacon appealed from this judgment to the Court of Common Pleas of Allegheny County, and on May 24,1978, a non-jury trial was held, which resulted in an order in favor of Carter. Thereafter, Aaacon filed exceptions, which were dismissed by the court en banc on December 5, 1978. It is from this December 5, 1978 order that appellant takes the present appeal. [549]*549Because an order dismissing exceptions is not an appealable one, this appeal is quashed. To perfect such an order for appeal purposes, it must be reduced to judgment in compliance with both the rules of appellate and civil procedure. See Penstan Supply, Inc. v. Hay, 283 Pa.Super. 558, 424 A.2d 950 (1981); Slaseman v. Myers, 285 Pa.Super. 167, 427 A.2d 165 (1981). See also Pa.R.A.P. 301(c), (d) and Pa.R.C.P. 1039.

The appeal is quashed.

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CERCONE, President Judge:

Appellee, Winston Carter, filed a complaint against appellant, Aaacon Auto Transport, Inc., [hereinafter Aaacon], alleging breach of appellant’s contract to transport appellee’s automobile from Pittsburgh, Pennsylvania, to Anglewood, California. After an arbitration hearing on June 29, 1977, an award was entered for Carter. Aaacon appealed from this judgment to the Court of Common Pleas of Allegheny County, and on May 24,1978, a non-jury trial was held, which resulted in an order in favor of Carter. Thereafter, Aaacon filed exceptions, which were dismissed by the court en banc on December 5, 1978. It is from this December 5, 1978 order that appellant takes the present appeal. [549]*549Because an order dismissing exceptions is not an appealable one, this appeal is quashed. To perfect such an order for appeal purposes, it must be reduced to judgment in compliance with both the rules of appellate and civil procedure. See Penstan Supply, Inc. v. Hay, 283 Pa.Super. 558, 424 A.2d 950 (1981); Slaseman v. Myers, 285 Pa.Super. 167, 427 A.2d 165 (1981). See also Pa.R.A.P. 301(c), (d) and Pa.R.C.P. 1039.

The appeal is quashed.

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Bluebook (online)

429 A.2d 658, 286 Pa. Super. 547, 1981 Pa. Super. LEXIS 2620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-aaacon-auto-transport-inc-pasuperct-1981.

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