concurring and dissenting:
I concur in the result reached by the majority opinion in that it decides against appellants. However, instead of affirming the order of the lower court, I should quash the appeals.
*197The lower court held that Long John Silver’s was entitled to specific performance by Fiore. Fiore did not except to that order, nor appeal from it. Accordingly, Fiore must convey the land to Long John Silver’s.
Neither Aletto nor Lesko has standing to object to this conveyance, for neither has any interest in the land. Aletto did have an interest once, by virtue of the March 19, 1973, agreement between Fiore and him, but that interest was terminated by the November 18, 1974, release. Lesko never got an interest, for he did not sign his lease with Fiore until November 18, 1974; by that time, Fiore had, by the agreement of June 12, 1974, sold the land to Long John Silver’s.
Another way to state the point is this: Suppose, upon entertaining Aletto’s and Lesko’s appeals, this court were to decide in their favor, and order Fiore to convey to them. The result would be an impasse, for the lower court has by a final, unappealed from, order, ordered Fiore to convey to Long John Silver’s. The possibility of such an impasse demonstrates the error of our entertaining Aletto’s and Lesko’s appeals. As the majority recognizes, “Once the lower court . . . granted Long John Silver’s motion for summary judgment, it extinguished any claim [Alétto and Lesko] might have in the disputed property . . . .” Majority Opinion at 196. Upon Fiore’s failure to appeal the lower court’s order, this extinguishment of Aletto’s and Lesko’s claims to the property became final. We should therefore not review the claims.
As regards Aletto’s and Lesko’s claims against Fiore for damages : These claims have been transferred by the lower court from the equity side to the law side, and remain to be litigated. There being no final adjudication yet, we have at the moment nothing to do with them.
The appeals should be quashed.
CERCONE, J., joins in this opinion.