244 Pa. Super. 467 - MacKanick v. Rubin’s Empirical Analysis

Citation profile

56 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although neither party has questioned the jurisdiction of this Court to hear this appeal, we must note that our appellate jurisdiction is ordinarily limited to appeals from final orders of common pleas courts, except where provided by statute, Philadelphia v. William Penn Business Institute, 423 Pa. 490 , 223 A.2d 850 (1966); Husak v. Berkel, Inc., 234 Pa.Super. 452 , 341 A.2d 174 ; see McConnell v. Schmidt, 234 Pa.Super. 400 , 339 A.2d 578 , order vacated and appeal quashed, 463 Pa. 118 , 344 A.2d 277 (1975); and that the appealability of an order goes to the jurisdiction of the appeals court and may be raised by the court sua sponte. Jones v. Crossgates, Inc., 220 Pa.Super. 427 , 289 A.2d 491 (1972). We cannot assume appellate jurisdiction by consent of the parties. Stadler v. Mt. Oliver Borough, 373 Pa. 316 , 95 A.2d 776 (1953). The instant order, which allows appellees leave to file their appeal nunc pro tunc, "... does not put the plaintiff out of court or constitute a conclusive adjudication of the proceeding, and the statute does not authorize an appeal from an interlocutory order____” Steth v. Henderson, supra [ 200 Pa.Super. 268 ] at 269, 188 A.2d [823] at 824. See Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Budde v. Sandler, 204 Pa.Super. 36 , 201 A.2d 247 (1964); Damon & Foster v. Berger, 191 Pa.Super. 165 , 155 A.2d 388 (1959). Appeal quashed.”

   1 later decision quote this exact passage · from the majority
   e.g. 412 Pa. Super. 152 - Fetter v. Schwartz

2. “Either party may appeal from an award of arbitrators, to the court in which the cause was pending at the time the rule or agreement of reference was entered, under the following rules, regulations and restrictions, viz.: I. The party appellant, his agent, or attorney, shall make oath or affirmation, that “it is not for the purpose of delay such appeal is entered, but because he firmly believes injustice has been done.” * * * # * * IV. Such appeal shall be entered, and the costs paid, and recognizance filed, within twenty days after the day of the entry of the award of the arbitrators on the docket. 2”

   1 later decision quote this exact passage · from the majority
   e.g. 277 Pa. Super. 55 - Drozdowski v. Keystone Truck Leasing Co.