Cassidy v. Keystone Insurance

Superior Court of Pennsylvania

Cassidy v. Keystone Insurance

443 A.2d 1193, 297 Pa. Super. 421, 1982 Pa. Super. LEXIS 3833

CourtSuperior Court of Pennsylvania

DecidedApril 2, 1982

Docket1549

StatusPublished

Cited by9 cases

This text of 443 A.2d 1193 (Cassidy v. Keystone Insurance) 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.

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Cassidy v. Keystone Insurance, 443 A.2d 1193, 297 Pa. Super. 421, 1982 Pa. Super. LEXIS 3833 (Pa. Ct. App. 1982).

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Opinion

PER CURIAM:

Appellant appeals from the May 22, 1981 order of the Court of Common Pleas of Montgomery County granting appellee’s petition for the appointment of an arbitrator. Because that order is interlocutory we quash this appeal.

A final order is one which ends the litigation, or alternatively, disposes of the entire case. Piltzer v. Independence Federal Savings and Loan Association of Philadelphia, 456 Pa. 402, 319 A.2d 677 (1974) (citing cases); Robinson v. Pocono Futures, Inc., 275 Pa.Super. 44, 418 A.2d 602 (1980). Since the order in question simply appointed a common law arbitrator but did not end the litigation, the order is interlocutory and not appealable by right. Wilson v. Keystone Insurance Company, 289 Pa.Super. 101, 432 A.2d 1071 (1981). 1

Finally, we note that an interlocutory appeal may be taken by permission pursuant to Chapter 13 of the Rules. Pa.R.A.P. 312 and 42 Pa.C.S. § 702(b). See, e.g. Pa.R.A.P. 1311. However, appellant did not invoke the procedure outlined in Chapter 13. Since no permission was sought to take this interlocutory appeal, the appeal must be quashed.

Appeal quashed.

1

. The insurance policy in question makes no mention of the Arbitration Act of 1927 in its “arbitration” section. Thus, the arbitration is at common law, the order is interlocutory and it is not appealable as of right. Wilson v. Keystone Insurance Company, supra.

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PER CURIAM:

Appellant appeals from the May 22, 1981 order of the Court of Common Pleas of Montgomery County granting appellee’s petition for the appointment of an arbitrator. Because that order is interlocutory we quash this appeal.

A final order is one which ends the litigation, or alternatively, disposes of the entire case. Piltzer v. Independence Federal Savings and Loan Association of Philadelphia, 456 Pa. 402, 319 A.2d 677 (1974) (citing cases); Robinson v. Pocono Futures, Inc., 275 Pa.Super. 44, 418 A.2d 602 (1980). Since the order in question simply appointed a common law arbitrator but did not end the litigation, the order is interlocutory and not appealable by right. Wilson v. Keystone Insurance Company, 289 Pa.Super. 101, 432 A.2d 1071 (1981). 1

Finally, we note that an interlocutory appeal may be taken by permission pursuant to Chapter 13 of the Rules. Pa.R.A.P. 312 and 42 Pa.C.S. § 702(b). See, e.g. Pa.R.A.P. 1311. However, appellant did not invoke the procedure outlined in Chapter 13. Since no permission was sought to take this interlocutory appeal, the appeal must be quashed.

Appeal quashed.

1

. The insurance policy in question makes no mention of the Arbitration Act of 1927 in its “arbitration” section. Thus, the arbitration is at common law, the order is interlocutory and it is not appealable as of right. Wilson v. Keystone Insurance Company, supra.

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443 A.2d 1193, 297 Pa. Super. 421, 1982 Pa. Super. LEXIS 3833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cassidy-v-keystone-insurance-pasuperct-1982.

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