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Gustine Uniontown Associates, Ltd. v. Anthony Crane Rental, Inc.

Order dismissing plaintiffs' claims for breach of contract for latent defects in real estate construction reversed because claims were subject to the six-year "catch-all" statute of limitations rather than the general four-year limitations period applicable to contracts for the sale, construction or furnishing of tangible personal property.

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OPINION

� 1 This appeal is from two orders of the trial court entered on July 18, 2000, which determined the statute of limitations applicable to various claims raised in appellants’ complaint and dismissed some, but not all of the claims, as time-barred. The court held that appellants’ claims for breach of contract for latent defects in real estate construction are subject to a four-year statute of limitations and that appellants’ claims for negligence and fraud are subject to a two-year statute of limitations. The court certified that its rulings are immediately appealable pursuant to Pa.R.A.P. 341(c). After careful review, we conclude that appellants’ breach of contract claims for latent construction defects are subject to a six-year statute of limitations. Accordingly, we affirm in part, reverse in part, and remand for proceedings consistent with this opinion.

� 2 As a preliminary matter, we examine our jurisdiction to review the interlocutory orders at issue in this appeal. Unless an interlocutory appeal exists as of right, see Pa.R.A.P. 311, there are two procedural methods by which an interlocutory order in a civil case may be appealed to this court. These methods, which may appear similar at first blush, serve different purposes and differ from each other in several important respects.

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