Opinion
April 13, 1972.
June 22, 1972.
Appeals — Final or interlocutory order — Order refusing to quash appeal from award of arbitrators.
JACOBS, J., filed a dissenting opinion, in which WATKINS and SPAULDING, JJ., joined.
Argued April 13, 1972.
Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.
Appeals, Nos. 58 and 59, April T., 1972, from orders of Court of Common Pleas, Civil Division, of Allegheny County, July T., 1970, No. 1365, in case of John Regan v. James C. Villa. Orders affirmed; reargument refused July 25, 1972.
Appeal from award of board of arbitrators.
Orders entered refusing to quash appeal by original defendant, opinion by SILVESTRI, J. Plaintiff appealed.
Kenneth W. Behrend, with him Mark B. Aronson, and Behrend and Aronson, for appellant. James R. Barozzini, with him Weis Weis, for appellee.
Orders affirmed.
In this case I would not reach the merits of the orders below but would quash the appeal. The orders below refused to quash an appeal taken to the lower court from an award of arbitrators in compulsory arbitration proceedings. We have held many times that such orders are interlocutory and not appealable. See Caples v. Klugman, 202 Pa. Super. 517, 198 A.2d 342 (1964).
WATKINS and SPAULDING, JJ., join in this dissenting opinion.