Friedman v. Kasser

438 A.2d 1001, 293 Pa. Super. 294, 1981 Pa. Super. LEXIS 3918

Opinions

PER CURIAM:

Because no final decree in equity was entered on the docket below we cannot reach the merits and, accordingly, quash this appeal. A lower court’s direction to enter a specified order, unaccompanied by actual entry of the specified order on the docket, is interlocutory and not appealable and must be reduced to judgment and docketed before an appeal can be taken. Pa.R.A.P. 301(c). See Coren v. DiDomenico, 291 Pa. Superior Ct. 331, 435 A.2d 1252 (1981). The order appealed from merely states that the decree nisi “shall be entered on praecipe.” No final decree was ever entered. Consequently, we must quash this appeal. Murray v. Abcon, Inc., 291 Pa. Superior Ct. 428, 435 A.2d 1301 (1981); Mercadante v. Ranieli, 271 Pa. Superior Ct. 565, 414 A.2d 397 (1979).

Appeal quashed.

MONTEMURO, J., files a dissenting opinion.