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McCutcheon v. Philadelphia Electric Company

By denying the appellee's motion for summary judgment on the cross-claim for indemnification, and thereby leaving for further litigation a cross-claim between co-defendants, the March 9, 1999 order did not "dispose of all claims and of all parties" as Pennsylvania Rule of Appellate Procedure 341(b)(1) mandates; thus, the trial court's order is not a final order and the Superior Courts December 6, 1999 order is void.

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Argued: October 15, 2000

OPINION

We granted allocatur in this case to review the Superior Court’s failure to address two issues that the Appellants/Cross Appellees, Robert E. Lamb, Inc. (“Lamb”) and D.N.B. Mechanical Systems, Inc. (“DNB”), raised on appeal, and the Superior Court’s decision to overturn the award of delay damages made to the Cross Appellant, Geraldine McCutcheon. We have determined, however, that the trial court’s order which the parties appealed to the Superior Court is not a final order within the meaning of Pa.R.A.P. 341. Therefore, the Superior Court did not have appellate jurisdiction pursuant to 42 Pa.C.S. �742, and the order it issued is void. As a consequence, this court is also without jurisdiction, there being no final order from the Superior Court, as 42 Pa.C.S. �724 requires. Accordingly, the Superior Court’s order must be vacated and this appeal must be quashed.

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