J-A05012-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
ALLEN FEINGOLD IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
SOCRATES VASILIADIS, PROGRESSIVE
NORTHERN INSURANCE COMPANY,
DAVID FRIEDMAN AND FORRY ULLMAN
Appellees No. 1277 EDA 2014
Appeal from the Order March 18, 2014
In the Court of Common Pleas of Philadelphia County
Civil Division at No(s): 03630
BEFORE: GANTMAN, P.J., SHOGAN, J., and ALLEN, J.
JUDGMENT ORDER BY GANTMAN, P.J.: FILED JANUARY 30, 2015
Appellant, Allen Feingold, appeals from the orders entered in the
Philadelphia County Court of Common Pleas, which sustained the preliminary
objections of Appellees Progressive Northern Insurance Company, David
Friedman and Forry Ullman, to dismiss Appellant’s complaint. We quash this
appeal, as the claim against Appellee Socrates Vasiliadis is still pending.
The appealability of an order directly implicates the
jurisdiction of the court asked to review the order. [T]his
Court has the power to inquire at any time, sua sponte,
whether an order is appealable. Pennsylvania law makes
clear:
[A]n appeal may be taken from: (1) a final order or
an order certified as a final order (Pa.R.A.P. 341);
(2) an interlocutory order as of right (Pa.R.A.P. 311);
(3) an interlocutory order by permission (Pa.R.A.P.
312, 1311, 42 Pa.C.S.A. § 702(b)); or (4) a
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collateral order (Pa.R.A.P. 313).
Pennsylvania Rule of Appellate Procedure 341 defines “final
orders” and states:
Rule 341. Final Orders; Generally
(a) General Rule. Except as prescribed in
subdivisions (d), and (e) of this rule, an appeal may
be taken as of right from any final order of an
administrative agency or lower court.
(b) Definition of final order. A final order is any
order that:
(1) disposes of all claims and of all parties; or
(2) is expressly defined as a final order by statute;
or
(3) is entered as a final order pursuant to
subdivision (c) of this rule.
(c) Determination of finality. When more than
one claim for relief is presented in an action, whether
as a claim, counterclaim, cross-claim, or third-party
claim…the trial court…may enter a final order as to
one or more but fewer than all of the claims…only
upon an express determination that an immediate
appeal would facilitate resolution of the entire case.
Such an order becomes appealable when entered.
In the absence of such a determination and entry of
a final order, any order…that adjudicates fewer than
all the claims…shall not constitute a final order. …
Pa.R.A.P. 341(a)-(c). [Thus, u]nder Rule 341, a final
order can be one that disposes of all the parties and
all the claims, is expressly defined as a final order by
statute, or is entered as a final order pursuant to the trial
court’s determination under Rule 341(c).
In re Estate of Cella, 12 A.3d 374, 377-78 (Pa.Super. 2010) (some
internal citations and quotation marks omitted) (emphasis added).
Instantly, Appellant admits he failed to serve Socrates Vasiliadis with
the initial complaint or any subsequent filings in this action. (See
Appellant’s Brief at 7, 8.). Thus, Rule 341(b)(1) provides us with no
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appellate jurisdiction, given that the claims against Mr. Vasiliadis are still
pending. See generally PNC Bank, N.A. v. Unknown Heirs, 929 A.2d
219, 228 (Pa.Super. 2007) (stating: “If the plaintiff has failed to effectuate
valid service and if the defendant lacks notice of the proceedings against
him, the court has no jurisdiction over the party…”). 1 Until Appellant obtains
the trial court’s determination of finality, acquires this Court’s permission to
appeal per Chapter 13 of the appellate rules, or obtains leave of court to
discontinue his case against Mr. Vasiliadis, we lack jurisdiction to entertain
the appeal as filed.
Appeal quashed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 1/30/2015
____________________________________________
1
Appellant makes no argument that the orders appealed from are expressly
defined as final by statute or were entered as final by the trial court. See
Pa.R.A.P. 341(b)(2), (b)(3). Likewise, Appellant does not qualify the orders
on appeal as interlocutory as of right or collateral to the main cause of
action. See Pa.R.A.P. 311; 313.
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