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Chase Manhattan Mortgage Corp. v. Hodes

Appeals quashed because orders appealed from merely overruled defendants' preliminary objections and directed them to file an answer to plaintiffs' complaint; since the orders did not dispose of any claims or parties, the orders were interlocutory and unappealable.

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OPINION PER CURIAM

� 1 These appeals have been taken from the February 20, 2001 orders overruling the preliminary objections of David Hodes and Barbara C. Hodes, and directing them to file an answer to the complaint filed by appellee. Appellee has filed motions to quash these appeals as interlocutory.

� 2 Under Pennsylvania law, an appeal may be taken from: (1) a final order or an order certified by the trial court as a final order; (2) an interlocutory order as of right; (3) an interlocutory order by permission; (4) or a collateral order. Beltran v. Piersody, 748 A.2d 715 (Pa. Super. 2000). The February 20 th orders are neither final nor appealable as of right. See Pa.R.A.P. 341(b)(1), 311. Additionally, appellants neither sought permissive interlocutory review nor argued the collateral nature of the February 20 th orders. See Pa.R.A.P. 312, 313. Even if appellants had argued the applicability of Rule 313 (collateral order), the February 20 th orders do not satisfy its requirements. Since the orders deal with the pleadings in the underlying matter and direct the filing of an answer, they are inextricably intertwined with the merits of the action and cannot be characterized as collateral. See Smitley v. Holiday Rambler Corp., 707 A.2d 520 (Pa. Super. 1998) (collateral order doctrine is limited to orders that are separate from and collateral to the main cause of action; to qualify as collateral, order must not be of such interlocutory nature as to affect, or be affected by the merits of the main cause of action).

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