Opinion
J-S53016-15 No. 2066 MDA 2014
09-09-2015
MICHAEL GLEESON v. B. ZIPAY CONTRATORS, INC. MICHAEL GLEESON v. BERNARD ZIPAY AND KATHLEEN ZIPAY APPEAL OF: MICHAEL GLEESON
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Order Entered November 5, 2014
In the Court of Common Pleas of Lackawanna County
Civil Division at No(s): 2008 CIV 3328 2009 CIV 2207
BEFORE: DONOHUE, J., OTT, J., and MUSMANNO, J. JUDGMENT ORDER BY OTT, J.:
Michael Gleeson appeals from the order entered on November 5, 2014, in the Court of Common Pleas of Lackawanna County denying his petition for leave to file a certificate of readiness. Following a thorough review of the submissions by the parties, certified record and relevant law, we quash the appeal.
By agreement the underlying matter was submitted to arbitration. On December 6, 2013, the arbitrator granted defendants' (Zipay Contractors, Inc. and Bernard and Kathleen Zipay, hereinafter "Zipay") motion for summary judgment. Gleeson did not appeal this decision. On July 3, 2014, Gleeson filed a petition for leave to file a certificate of readiness. The trial court determined the arbitrator had already granted summary judgment and on November 5, 2014, denied the petition. The instant appeal was filed on December 3, 2014.
The order appealed from is not a final and appealable order. See Pa.R.A.P. 341(b)(1). As determined by the trial court, the final and appealable order was the arbitrator's order granting summary judgment in favor of Zipay. An appeal lies only from a final order unless otherwise permitted by rule or statute. See McCutcheon v. Philadelphia Electric Co., 788 A.2d 345 (Pa. 2002). In essence, Gleeson is seeking to resurrect his expired appellate rights through the denial of a subsequent, non-appealable order.
"A final order is any order that disposes of all claims and all parties." Pa.R.A.P. 341(b)(1).
Accordingly, the November 5, 2014 order denying Gleeson permission to file a certificate of readiness is an improper appeal from a non-appealable order.
Appeal quashed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/9/2015