Steiner v. Lurie

454 A.2d 138, 308 Pa. Super. 295, 1982 Pa. Super. LEXIS 6057

• Court: Superior Court of Pennsylvania
• Decided: December 30, 1982
• Docket: 908
• Status: Published

Opinion

PER CURIAM:

Plaintiff has taken this appeal from a judgment entered in favor of defendant Quaker Storage Co., after the court below granted Quaker Storage’s motion for compulsory nonsuit. Plaintiff filed this appeal directly from the judgment, rather than filing a motion to remove the non-suit. An appeal does not lie from the entry of a judgment of nonsuit, but rather from the refusal to take it off, and this rule applies to actions in both law and equity. Panepinto v. Dummy’s Delightful Saloonery, 304 Pa.Super.Ct. 256, 258, 450 A.2d 668, 669 (1982), rearg. den’d. Accordingly, this appeal must be quashed. Id.

Appeal quashed.