POM of PA v. Dept of Revenue, Apl of: PGCB

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

POM OF PENNSYLVANIA, LLC : No. 11 EAP 2023 : :

v. :

: :

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

: :

APPEAL OF: PENNSYLVANIA GAMING : CONTROL BOARD :

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.”).

The Application for Leave to File Answer to Jurisdictional Statement Nunc Pro

Tunc is DISMISSED as moot.