Mercadante v. Ranieli

Superior Court of Pennsylvania

Mercadante v. Ranieli

414 A.2d 397, 271 Pa. Super. 565, 1979 Pa. Super. LEXIS 3298

CourtSuperior Court of Pennsylvania

DecidedNovember 27, 1979

Docket2642

StatusPublished

Cited by4 cases

This text of 414 A.2d 397 (Mercadante v. Ranieli) 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.

Bluebook

Mercadante v. Ranieli, 414 A.2d 397, 271 Pa. Super. 565, 1979 Pa. Super. LEXIS 3298 (Pa. Ct. App. 1979).

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Opinion

PER CURIAM:

On October 20, 1977, the lower court entered a decree nisi denying appellant’s request for an injunction prohibiting *566 appellee from encroaching upon appellant’s land and requiring him to remove the structure thereon. Appellant did not file exceptions to the decree nisi. On September 27, 1978, appellee filed a praecipe directing the prothonotary to enter the decree nisi as a final decree. On October 17, 1978, appellant filed this appeal “from the Order entered in this matter on the 27th day of September, 1978.” However, the lower court’s docket does not indicate that a final decree has been entered.

Because a final decree has not been docketed in the lower court, this appeal is premature and must be quashed. See, e. g., Slotsky v. Gellar, 455 Pa. 148, 151, 314 A.2d 495, (1974): Watkins v. Hughs, 206 Pa. 526, 528, 56 A. 22, (1906).

Appeal quashed.

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PER CURIAM:

On October 20, 1977, the lower court entered a decree nisi denying appellant’s request for an injunction prohibiting *566 appellee from encroaching upon appellant’s land and requiring him to remove the structure thereon. Appellant did not file exceptions to the decree nisi. On September 27, 1978, appellee filed a praecipe directing the prothonotary to enter the decree nisi as a final decree. On October 17, 1978, appellant filed this appeal “from the Order entered in this matter on the 27th day of September, 1978.” However, the lower court’s docket does not indicate that a final decree has been entered.

Because a final decree has not been docketed in the lower court, this appeal is premature and must be quashed. See, e. g., Slotsky v. Gellar, 455 Pa. 148, 151, 314 A.2d 495, (1974): Watkins v. Hughs, 206 Pa. 526, 528, 56 A. 22, (1906).

Appeal quashed.

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414 A.2d 397, 271 Pa. Super. 565, 1979 Pa. Super. LEXIS 3298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercadante-v-ranieli-pasuperct-1979.

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