Opinion
Argued November 13, 1980.
Filed November 30, 1981.
Appeal from the Court of Common Pleas, Allegheny County, Civil Division, Nos. 75-4617 and GD 75-11590, Silvestri, J.
Steven H. Wyckoff, Pittsburgh, for appellant.
Avrum Levicoff, Pittsburgh, for Air Products Chemicals Co., Inc., appellee.
Daniel F. Cusick, Pittsburgh, for Westinghouse Elec. Corp., appellee.
Charles Kirshner, Pittsburgh, for Welding and Steel Fabrication Co., Inc., appellee.
Before HESTER, BROSKY and VAN der VOORT, JJ.
Appeal was taken in this case from a lower court order denying plaintiff's motions to remove compulsory nonsuits and for a new trial. Because the order has not been reduced to judgment and docketed on the basis of Pa.R.A.P. 301(c) the appeal is untimely. Durkin Sons, Inc. v. Nether Providence Township School Authority, et al., 291 Pa. Super. 402, 435 A.2d 1288 (1981).
Appeal quashed.
VAN der VOORT, J., files a concurring and dissenting opinion.
I concur in the action of the majority in quashing this appeal insofar as it pertains to the refusal of plaintiff's motion for a new trial. I respectfully dissent to that part of the decision by the majority insofar as it pertains to the denial of plaintiff's motion to remove the compulsory nonsuits. See my concurring and dissenting opinion in Durkin Sons, Inc. v. Nether Providence Township School Authority, et al., 291 Pa. Super. 402, 435 A.2d 1288 (1981).