Legal Opinion · Dissent

Weis Markets, Inc. v. United Food & Commercial Workers Union, Local 23

Superior Court of Pennsylvania

Decided October 5, 1993No. 533Published

1DissentCirillo, Judge

I most respectfully dissent. While I do not dispute the majority’s findings on the merits of this case, I believe that *358the order in question is an unappealable interlocutory order. Thus, the appeal should be quashed.

The appealability of an order is a question of jurisdiction and may be raised sua sponte. Blackman v. Katz, 390 Pa.Super. 257, 261, 568 A.2d 642, 644 (1990); French v. United Parcel Service, 377 Pa.Super. 366, 369, 547 A.2d 411, 413 (1988). It is well established in Pennsylvania that an appeal to this court will lie only from a final order, unless a right to appeal is expressly…

2Cases cited8 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Carson v. American Brands, Inc.Supreme Court of the United States · 1981
  3. Pugar v. GrecoSupreme Court of Pennsylvania · 1978
  4. Fried v. FriedSupreme Court of Pennsylvania · 1985
  5. French v. United Parcel ServiceSupreme Court of Pennsylvania · 1988

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