POM of Pa v. Dept of Rev, Apl of: Greenwood

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

POM OF PENNSYLVANIA, LLC : No. 12 EAP 2023 : :

v. :

: :

COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF REVENUE, AND CITY : OF PHILADELPHIA :

:

APPEAL OF: GREENWOOD GAMING AND : ENTERTAINMENT, INC., D/B/A PARX : CASINO, DOWNS RACING, L.P., D/B/A : MOHEGAN SUN POCONO, : MOUNTAINVIEW THOROUGHBRED : RACING ASSOCIATION, LLC, D/B/A : HOLLYWOOD CASINO AT PENN : NATIONAL RACE COURSE, : WASHINGTON TROTTING ASSOCIATION, : LLC, D/B/A HOLLYWOOD CASINO AT : THE MEADOWS, CHESTER DOWNS AND : MARINA, LLC, D/B/A HARRAH'S : PHILADELPHIA CASINO & RACETRACK, : AND WIND CREEK BETHLEHEM, LLC, : D/B/A WIND CREEK BETHLEHEM :

ORDER

PER CURIAM DECIDED: July 21, 2023 AND NOW, this 21st day of July, 2023, the Notice of Appeal is QUASHED. See

42 Pa.C.S. § 723(a) (limiting this Court’s jurisdiction to “appeals from final orders of the

Commonwealth Court entered in any matter which was originally commenced in the

Commonwealth Court”); Pa.R.A.P. 341(b)(1) (defining a final order as one that “disposes

of all claims and of all parties”); Pa.R.Civ.P. 232(a) (“A discontinuance or nonsuit shall

not affect the right of the defendant to proceed with a counterclaim theretofore filed.”). Cf.

Melvin v. Doe, 836 A.2d 42, 44 n.4 (Pa. 2003) (“[A]n order denying a motion for summary

judgment does not terminate the litigation, and thus is not an appealable order.”).