Court: Superior Court of Pennsylvania; October 17, 1995; Pennsylvania; State Appellate Court
The 1992 amendments to Pennsylvania Rule of Appellate Procedure 341 are applicable to the current appeal, resulting in the quashing of this case as interlocutory. Appellant Kirby Electric, Inc. initiated a contract action against various parties, including Jet Contracting Corporation and United States Fidelity and Guaranty Company. The lower court dismissed Kirby’s claims against Jet and USF, prompting Kirby to appeal. However, preliminary objections from the remaining defendants were still pending. The amended Rule 341 defines a final order as one that resolves all claims or parties involved, or meets specific criteria for partial orders. Since the dismissal of Kirby’s action against Jet and USF did not resolve all claims or parties, the appeal is deemed premature under the new rule. In contrast, under the previous version of Rule 341, the dismissal would have been considered final and appealable. The historical notes clarify that the amendments took effect on July 6, 1992, and apply to all orders entered after that date, regardless of when the related action commenced.
The order does not impact any court or agency orders made between July 6, 1992, and the effective date of the order for actions initiated on or before July 6, 1992. A writ of summons related to this matter was filed in May 1992 and reissued in June 1992. Due to the original effective date of the new Rule 341, it would not have applied here; however, the Pennsylvania Supreme Court's amendment changed the effective date, making new Rule 341 applicable because the order dismissing Kirby's claim against Jet and USF, G was issued on August 5, 1994, after March 1, 1994. Consequently, the appeal is classified as interlocutory and must be quashed, as the trial court did not expressly determine that an immediate appeal would resolve the case completely, which is necessary for it to be deemed final and appealable under Pa.R.App. P. 341(c). The appellant claims the Pennsylvania Supreme Court misapplied its January 10, 1994 order in the Noll case, asserting it should also apply here. However, in Noll, the case commenced in September 1988 and involved a trial court order dated June 5, 1991, which fell under the old rule 341 because the January 10, 1994 order only pertained to orders after March 1, 1994. Thus, the Supreme Court properly determined that the January 10 order was inapplicable, relying on the original effective language of the May 6, 1992 amendments.
