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Moore Motors, Inc. v. Beaudry

Appeal quashed because order, granting partial summary judgment to defendants on all counts of complaint and one count of the counterclaim, left two counts of the counterclaim pending and was, therefore, interlocutory and unappealable.

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J.M02001/01

� 1 This appeal has been taken by plaintiffs from the January 9, 2001 order that, inter alia, granted appellees’ motion for partial summary judgment as to all nine counts of appellants’ complaint. The court also granted summary judgment to all defendants against all plaintiffs as to Count I of defendant’s counterclaim. The complaint sounded in contract for breach of an obligation to transfer shares of stock in a closely held corporation. The counterclaim sought a declaratory judgment to effect the transfer of the stock (Count I) and money damages on theories of tort liability (Counts II and III). Appellees-defendants have filed a motion to quash this appeal as interlocutory.

� 2 “A final order is any order that disposes of all claims and of all parties.” Pa.R.A.P. 341(b)(1). The Note to Rule 341 further provides:

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