From Casetext: Smarter Legal Research

Sims v. Feingold

Superior Court of Pennsylvania
Jul 13, 1984
478 A.2d 868 (Pa. Super. Ct. 1984)

Summary

In Sims v. Feingold, 329 Pa. Super. 437, 478 A.2d 868 (1984), this Court held that an order entering a default judgment against a defendant for failure to comply with the trial court's several discovery orders was interlocutory and not appealable until after damages had been determined.

Summary of this case from Miller Oral Surgery, Inc. v. Dinello

Opinion

Argued: May 8, 1984.

Filed: July 13, 1984.

Appeal from the Court of Common Pleas, Civil Division, Philadelphia County, No. 1206, November Term, 1981, Gafni, J.

Allen Feingold, in propria persona.

Harold F. Kaufman, Philadelphia, for appellee.

Before WICKERSHAM, WIEAND and LIPEZ, JJ.


In this action for legal malpractice, the trial court entered a default judgment in favor of the plaintiff, Valerie Sims, after the defendant, Allen Feingold, Esquire, had adamantly and repeatedly refused to comply with a court order directing defendant to produce for examination certain documents from his file. The defendant immediately appealed. Plaintiff's damages, however, have not yet been determined. Because a final order has not been entered, we quash the present appeal.

"Final orders are those which make a final determination of the rights of the parties relating to the subject matter of the action, leaving nothing further to be done. . . ." Navarro v. Ohio Casualty Insurance Co., 295 Pa. Super. 151, 154, 441 A.2d 394, 395 (1982). See also: Rigidply Rafters, Inc. v. Aetna Casualty and Surety Co., 311 Pa. Super. 549, 457 A.2d 1318 (1983). "An order granting a summary judgment on one issue, where genuine issues remain, is generally a nonappealable interlocutory order." 16 Std.Pa.Prac.2d § 86:32 (1983). Thus, "where judgment is entered for liability only, reserving the question of damages, [the] judgment is `interlocutory'. Such a judgment is . . . not appealable." Williams v. Erie Insurance Exchange, 290 Pa. Super. 279, 280, 434 A.2d 752, 753 (1981), quoting 2 Goodrich-Amram 2d § 1035(b):10 (1976). See also: Inselberg v. Employers Mutual Companies, 291 Pa. Super. 406, 408, 435 A.2d 1290, 1291 (1981); Newill v. Piccolomini, 228 Pa. Super. 220, 323 A.2d 40 (1974). Similarly, where a judgment has been entered against a defendant by default, but the question of damages remains undetermined, an appeal must await the assessment of damages.

Appeal quashed.


Summaries of

Sims v. Feingold

Superior Court of Pennsylvania
Jul 13, 1984
478 A.2d 868 (Pa. Super. Ct. 1984)

In Sims v. Feingold, 329 Pa. Super. 437, 478 A.2d 868 (1984), this Court held that an order entering a default judgment against a defendant for failure to comply with the trial court's several discovery orders was interlocutory and not appealable until after damages had been determined.

Summary of this case from Miller Oral Surgery, Inc. v. Dinello
Case details for

Sims v. Feingold

Case Details

Full title:Valerie SIMS v. Allen FEINGOLD, individually and t/a A.L. Feingold…

Court:Superior Court of Pennsylvania

Date published: Jul 13, 1984

Citations

478 A.2d 868 (Pa. Super. Ct. 1984)
478 A.2d 868

Citing Cases

Elderkin, Martin, Kelly, Etc. v. Sedney

This same policy was evident in recent decisions of this Court involving immediate appeals from sanction…

Miller Oral Surgery, Inc. v. Dinello

We have determined that the present appeal is improper and must be quashed. In Sims v. Feingold, 329 Pa.…