Niemiec v. Allstate Insurance

McEWEN, President Judge,

dissenting.

While the expression of the majority demonstrates a careful analysis and provides a sound rationale, see: In re Class Action Appeal of Kelly, 704 A.2d 172 (Pa.Cmwlth.1997), I am obliged, nonetheless and respectfully, to dissent. It strikes me that the interpretation of Rule 313 by this Court in DiLucido v. Terminix, 450 Pa.Super. 393, 676 A.2d 1237 (Pa.Super.1996), alio, denied, 546 Pa. 655, 684 A.2d 557 (1996), requires that this panel find that an appeal from an order dismissing the class action claim of appellants is immediately appealable pursuant to…