J. A34019/14

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37

JUDE M. GAYDOS :

:

IN THE SUPERIOR COURT OF

PENNSYLVANIA

v. :

:

JOHN A. CARPENTER, ESQUIRE, : No. 251 MDA 2014

:

 Appellant :

Appeal from the Order Entered January 2, 2014,

in the Court of Common Pleas of Northumberland County

Civil Division at No. CV-2005-00143

BEFORE: FORD ELLIOTT, P.J.E., SHOGAN AND STABILE, JJ.

CONCURRING MEMORANDUM STATEMENT BY FORD ELLIOTT, P.J.E.:

FILED MARCH 09, 2015

I respectfully concur in the result reached by the Majority to quash this 

appeal, because I cannot join in the determination that the appeal is 

untimely as not taken from the denial of summary judgment on 

September 13, 2013.

Rather, no appeal time can begin to run from the September 14th

order because it was never a final order and therefore cannot be the basis 

for an untimely appeal. Rather, appellant appropriately filed a timely 

application for a determination of finality under Pa.R.A.P. 341(c).1 The trial 

 

1

Pa.R.A.P. 341(c) reads as follows:

(c) Determination of finality. When more than one claim 

for relief is presented in an action, whether as a claim, 
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counterclaim, cross-claim, or third-party claim or when 

multiple parties are involved, the trial court or other 

governmental unit may enter a final order as to one or 

more but fewer than all of the claims and parties only upon 

an express determination that an immediate appeal would

facilitate resolution of the entire case. Such an order 

becomes appealable when entered. In the absence of such 

a determination and entry of a final order, any order or 

other form of decision that adjudicates fewer than all the 

claims and parties shall not constitute a final order. In 

addition, the following conditions shall apply:

(1) The trial court or other governmental unit is 

required to act on an application for a 

determination of finality under subdivision (c) 

within 30 days of entry of the order. During 

the time an application for a determination of 

finality is pending the action is stayed.

(2) A notice of appeal may be filed within 30 days 

after entry of an order as amended unless a 

shorter time period is provided in Rule 903(c). 

Any denial of such an application shall be 

reviewable only for abuse of discretion 

pursuant to Chapter 15.

(3) Unless the trial court or other governmental 

unit acts on the application within 30 days of 

entry of the order, the trial court or other 

governmental unit shall no longer consider the 

application and it shall be deemed denied.

(4) The time for filing a petition for review will 

begin to run from the date of entry of the 

order denying the application for a 

determination of finality or, if the application is 

deemed denied, from the 31st day. A petition 

for review may be filed within 30 days of the 

entry of the order denying the application or 

within 30 days of the deemed denial unless a 

shorter time period is provided by Rule 

1512(b).
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court was then required to act on the application within 30 days of the 

September 13th order. If the trial court fails to act, then the application is 

deemed denied. In this case, the application was deemed denied on 

Monday, October 14, 2013. Appellant had 30 days from October 14th to file 

a Chapter 15 Petition for Review. It is on this basis that I would quash the 

appeal.

However, I agree with the Majority that no appeal lies from a denial of 

reconsideration of the trial court’s order in this case or that the denial of 

summary judgment in this case meets the requirements of a collateral order.