Dalessio, D. v. First Commonwealth Bank

• Court: Superior Court of Pennsylvania
• Decided: July 22, 2019
• Docket: 1729 WDA 2018
• Status: Unpublished

Opinion

J -A14042-19

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

DOUGLAS DALESSIO INDIVIDUALLY IN THE SUPERIOR COURT OF AND AS TRUSTEE OF THE DALESSIO PENNSYLVANIA FAMILY TRUST, DEVIN DALESSIO AND DYLAN DALESSIO, INDIVIDUALLY AND AS BENEFICIARIES OF THE DALESSIO FAMILY TRUST,

Appellants

v.

FIRST COMMONWEALTH BANK AND SAMUEL J. DALESSIO No. 1729 WDA 2018 Appeal from the Order Entered October 31, 2018 in the Court of Common Pleas of Indiana County Civil Division at No(s): 10772 CD 2018 BEFORE: OTT, J., KUNSELMAN, J., and MUSMANNO, J.

MEMORANDUM BY MUSMANNO, J.: FILED JULY 22, 2019

Douglas Dalessio, individually and as Trustee of the Dalessio Family

Trust ("the Trust"), Devin Dalessio and Dylan Dalessio, individually and as

beneficiaries of the Dalessio Family Trust (collectively, "Plaintiffs"), appeal

from the Order sustaining the Preliminary Objections filed by First

Commonwealth Bank ("the Bank"), and dismissing the Complaint as to the

Bank. We quash the appeal.

On May 7, 2018, Plaintiffs filed a four -count Complaint against the Bank

and Samuel J. Dalessio ("Dalessio") alleging various causes of action. In

particular, Plaintiffs alleged that Dalessio tendered checks to the Bank, which J -A14042-19

the Bank honored, even though the checks were endorsed to the Trust, and

not Dalessio. On May 25, 2018, the Bank filed Preliminary Objections to the

Complaint, to which Plaintiffs filed a Response. On October 31, 2018, the trial

court entered an Order that provided, in relevant part, as follows: "Defendant

First Commonwealth Bank's Preliminary Objections are SUSTAINED, and

Plaintiffs' Complaint is DISMISSED with respect to First Commonwealth Bank."

Trial Court Order, 10/31/18 (emphasis in original). Thereafter, Plaintiffs filed

the instant timely appeal, followed by a court -ordered Pa.R.A.P. 1925(b)

Concise Statement of matters complained of on appeal.

Before we may entertain the merits of Plaintiffs' underlying claim, we

must first determine whether this Court has jurisdiction to consider the appeal.

See Commonwealth v. Davis, 176 A.3d 869, 873 (Pa. Super. 2017) recognizing that this Court may raise the issue of jurisdiction sua sponte).

Generally, "an appeal may be taken as of right from any final order of a ...

trial court." Pa.R.A.P. 341(a). A "final order" is defined, in relevant part, as

"any order that ... disposes of all claims and of all parties." Pa.R.A.P. 341(b)

(emphasis added). "[O]rders [sustaining] preliminary objections and

disposing of only some but not all of the underlying parties ... are interlocutory

and unappealable." Spuglio v. Cugini, 818 A.2d 1286, 1287 (Pa. Super. 2003).

Here, the trial court's Order sustained the Bank's Preliminary Objections,

and dismissed the Complaint "with respect to First Commonwealth Bank."

-2 J -A14042-19

Trial Court Order, 10/31/18. Because the trial court did not dismiss the Complaint as to Dalessio, the trial court's Order is interlocutory and not appealable. See Spuglio, 818 A.2d at 1287. Consequently, we quash the

appeal for lack of jurisdiction.

Appeal quashed.

Judgment Entered.

Joseph D. Seletyn, Prothonotary

Date: 7/22/2019

-3