Gadbois v. Leb-Co Builders, Inc.

434 A.2d 1267, 290 Pa. Super. 523, 1981 Pa. Super. LEXIS 3361

• Court: Superior Court of Pennsylvania
• Decided: September 4, 1981
• Docket: 2687, 2818, 2688, and 2819
• Status: Published

Opinions

PER CURIAM:

Following a nonjury trial in these consolidated actions in trespass and assumpsit, the lower court rendered a decision awarding plaintiffs Steven and Judith A. Gadbois and Larry P. Fox and Glenda M. Kreiser substantial damages for loss of value to their respective properties. Defendant Leb-Co Builders, Inc. and additional defendant Bethel Township subsequently filed exceptions challenging various aspects of the court’s decision. The court sustained the exceptions to the method of calculating plaintiffs’ property damage, reducing the damages sharply, and denied the remaining exceptions in the order from which the present appeals are taken. We are unable to reach the merits, however, because the order disposing of the exceptions has not been reduced to judgment and docketed. It is settled that an order disposing of exceptions following a nonjury trial is interlocutory and nonappealable. Heffner v. Bock, 287 Pa.Super. 345, 430 A.2d 318 (1981). See also Lashner v. Redevelopment Authority of the City of Philadelphia, 286 Pa.Super. 549, 429 A.2d 659 (1981); Unterberger v. Life Assurance Co. of Pennsylvania, 286 Pa.Super. 469, 429 A.2d 34 (1981); Slaseman v. Myers, 285 Pa.Super. 187, 427 A.2d 165 (1981); Penstan Supply Co. v. Hay, 283 Pa.Super. 558, 424 A.2d 950 (1981). “Such an order does not become appealable until, ‘on praecipe of any party,’ Pa.R.A.P. 301(d), it is ‘reduced to judgment and docketed,’ Pa.R.A.P. 301(c). And see Pa.R.C.P. 1038(e). The requirement that judgment be docketed is jurisdictional.” Unterberger v. Life Assurance Co. of Pennsylvania, supra 286 Pa.Super. at 470, 429 A.2d at 35. Because this requirement has not been met in the present case, the appeals are premature and must be quashed.

Appeals quashed.

MONTEMURO, J., files a dissenting opinion.