Centrone v. Tuchinsky
This text of 439 A.2d 1226 (Centrone v. Tuchinsky) 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.
Opinion
These are cross-appeals from a final Order awarding plaintiff/appellant a verdict in the amount of $10,000. However, we cannot reach the merits of the case.
On September 20, 1979, the lower court, after a non-jury trial, found for the plaintiff in the amount of $42,000 plus interest and costs. On September 24, 1979, judgment was entered for that amount on the docket. On September 28, 1979, exceptions to the Order were filed, and subsequently on May 20, 1980, the court en banc sustained in part and dismissed in part the exceptions.
An appeal does not lie until a court en banc has ruled upon the exceptions to the trial court’s adjudication. See Slotsky v. Gellar, 455 Pa. 148, 314 A.2d 495 (1974). Judgment was entered before the court ruled upon the exceptions. The entry of judgment was premature and, therefore, it is void.
Accordingly, the appeals are quashed.
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Cite This Page — Counsel Stack
439 A.2d 1226, 294 Pa. Super. 331, 1982 Pa. Super. LEXIS 3187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/centrone-v-tuchinsky-pasuperct-1982.