Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Chief Public Defender

The County of Dallas, founded in 1846, is the second most populous county in Texas with a vibrant and diverse population of nearly three mil...


Apply Now ›
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
APPOINTMENT TO PANEL OF CHAPTER 7 TRUSTEES

PUBLIC NOTICE FOR NEWSPAPER ADVERTISING APPOINTMENT TO PANEL OF CHAPTER 7 TRUSTEES The United States Trustee ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements