Legal Opinion

City of Philadelphia v. Franklin Smelting & Refining Co.

Supreme Court of Pennsylvania

Decided August 20, 1982No. 582 and 583PublishedCited by 5 opinions

1Opinion of the Court

LIPEZ, Judge:

Defendant Franklin Smelting and Refining Company has filed two appeals, which have been consolidated here, from orders denying Franklin Smelting’s preliminary objections to complaints by plaintiff City of Philadelphia and plaintiff Bridesburg Civic Council. These orders are interlocutory and nonappealable, and the appeal must therefore be quashed.

In its “statement of jurisdiction,” Pa.R.A.P. 2114, Franklin Smelting relies on Rule of Appellate Procedure 341, which deals only with final orders. An order dismissing a defendant’s preliminary objections, however, is clearly…

2Cases cited4 opinions

  1. Gallardy v. AshcraftSuperior Court of Pennsylvania · 1981
  2. Martino v. Transport Workers Union Local 234Supreme Court of Pennsylvania · 1982
  3. Balter v. BalterSuperior Court of Pennsylvania · 1981
  4. Pennsylvania Higher Education Assistance Agency v. Di MassaSuperior Court of Pennsylvania · 1982

3Cited by5 opinions

  1. United Erectors, Inc. v. Pratt & Lambert Corp.Supreme Court of Pennsylvania · 1985
  2. MacNeal v. I.C.O.A., Inc.Superior Court of Pennsylvania · 1989
  3. In re Determination of Whether a De FactoCommonwealth Court of Pennsylvania · 1984
  4. Ratz v. RatzSupreme Court of Pennsylvania · 1986
  5. Adkins v. Empire Kosher Poultry, Inc.Superior Court of Pennsylvania · 1983

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API