Hommrich D Aplt V Puc

The Supreme Court of Pennsylvania Western District quashed the Notice of Appeal in case 24 WAP 2025, citing 42 Pa.C.S. § 723(a) which limits the Court's jurisdiction to appeals from final orders of the Commonwealth Court. The order references Pa.R.A.P. 341(b)(1) defining a final order and cites Melvin v. Doe, 836 A.2d 42 (Pa. 2003) regarding the non-appealability of summary judgment denials.

The court addressed whether it had jurisdiction to hear the appeal under 42 Pa.C.S. § 723(a), which limits the Supreme Court's jurisdiction to appeals from final orders of the Commonwealth Court. The decision also considered whether the order in question met the definition of a 'final order' under Pa.R.A.P. 341(b)(1), which requires that an order dispose of all claims and parties. The court concluded that the Notice of Appeal was not appealable as the order was not final, citing Melvin v. Doe as precedent for the principle that orders denying motions for summary judgment are not appealable.

The court quashes the Notice of Appeal, determining that it lacks jurisdiction over appeals from non-final orders of the Commonwealth Court, as the order in question did not dispose of all claims and parties, referencing 42 Pa.C.S. § 723(a) and Pa.R.A.P. 341(b)(1).

The Notice of Appeal is quashed because the order does not meet the jurisdictional requirements of a final order as defined by 42 Pa.C.S. § 723(a) and Pa.R.A.P. 341(b)(1). This decision follows the precedent in Melvin v. Doe, which states that an order denying a motion for summary judgment is not an appealable order.

The Supreme Court of Pennsylvania lacks jurisdiction over appeals not stemming from final orders of the Commonwealth Court. A final order is defined as one that disposes of all claims and parties. This principle was reaffirmed by citing 42 Pa.C.S. § 723(a) and Pa.R.A.P. 341(b)(1), with reference to Melvin v. Doe which established that orders denying summary judgment are not appealable as they do not terminate litigation.

Melvin v. Doe

AND NOW, this 23rd day of January, 2026, the Notice of Appeal is QUASHED. See 42 Pa.C.S. § 723(a) (limiting this Court's jurisdiction to "appeals from final orders of the Commonwealth Court entered in any matter which was originally commenced in the Commonwealth Court"); Pa.R.A.P. 341(b)(1) (defining a final order as one that "disposes of all claims and of all parties"). Cf. Melvin v. Doe, 836 A.2d 42, 44 n.4 (Pa. 2003) ("[A]n order denying a motion for summary judgment does not terminate the litigation, and thus is not an appealable order.")