J-S39018-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

KEVIN & LISA HOLLINGER 

Appellants

v.

JENNIFER DIETRICH, MICHELLE 

MCCARTNEY, COLDWELL BANKER 

RESIDENTIAL BROKERAGE, LISA 

TIGER, ADVANCE REALTY, INC. 

D/B/A CENTURY 21 GOLD

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1623 MDA 2022

Appeal from the Order Entered April 14, 2022

In the Court of Common Pleas of Berks County Civil Division at No(s): 

20-03489

KEVIN & LISA HOLLINGER 

Appellants

v.

JENNIFER DIETRICH, MICHELLE 

MCCARTNEY, COLDWELL BANKER 

RESIDENTIAL BROKERAGE, LISA 

TIGER, ADVANCE REALTY, INC. 

D/B/A CENTURY 21 GOLD

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1624 MDA 2022

Appeal from the Order Entered April 14, 2022

In the Court of Common Pleas of Berks County Civil Division at No(s): 

20-03489

KEVIN & LISA HOLLINGER 

Appellants

v.

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA
J-S39018-23

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JENNIFER DIETRICH, MICHELLE 

MCCARTNEY, COLDWELL BANKER 

RESIDENTIAL BROKERAGE, LISA 

TIGER, ADVANCE REALTY, INC. 

D/B/A CENTURY 21 GOLD AND JOHN 

DOES 1-10, JOHN DOE CORP. 1-10

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 No. 1625 MDA 2022

Appeal from the Order Entered September 28, 2022

In the Court of Common Pleas of Berks County Civil Division at No(s): 

20-03489

KEVIN AND LISA HOLLINGER, HIS 

WIFE 

Appellants

v.

JENNIFER DIETRICH, MICHELE 

MCCARTNEY, COLDWELL BANKER 

RESIDENTIAL BROKERAGE, LISA 

TIGER, ADVANCE REALTY, INC. 

D/B/A CENTURY 21 GOLD AND JOHN 

DOES 1-10, JOHN DOE CORP. 1-10

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1626 MDA 2022

Appeal from the Order Entered July 19, 2021

In the Court of Common Pleas of Berks County Civil Division at No(s): 

20 3489

KEVIN AND LISA HOLLINGER 

Appellants

v.

JENNIFER DIETRICH, MICHELE 

MCCARTNEY, COLDWELL BANKER 

RESIDENTIAL BROKERAGE, LISA 

TIGER, ADVANCE REALTY, INC. 

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1629 MDA 2022
J-S39018-23

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D/B/A CENTURY 21 GOLD AND JOHN 

DOES 1-10, JOHN DOE CORP. 1-10

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Appeal from the Order Entered November 16, 2020

In the Court of Common Pleas of Berks County Civil Division at No(s): 

20 3489

BEFORE: DUBOW, J., McLAUGHLIN, J., and McCAFFERY, J.

MEMORANDUM BY McLAUGHLIN, J.: FILED: JANUARY 3, 2024

These consolidated appeals are filed from orders granting Appellee 

Jennifer Dietrich’s motions in limine. Because these appeals are not properly 

before us, we quash.

Given our disposition, we briefly summarize the facts of the case which 

arises from the sale of a residential property in Wyomissing, Pennsylvania. 

Appellants Kevin and Lisa Hollinger purchased the property from Dietrich. 

Dietrich was represented in the sale by Appellees Michele McCartney and 

Coldwell Banker Residential Brokerage (“Coldwell Banker”). The Hollingers

retained Appellees Lisa Tiger and Advance Realty, Inc. d/b/a Century 21 Gold 

(“Advance Realty”) to assist them with the purchase. In March 2020, the 

Hollingers brought a complaint against Dietrich, McCartney, Coldwell Banker, 

Tiger, and Advance Realty. The complaint alleged all defendants either 

fraudulently or negligently concealed water infiltration, defective construction, 

and moisture damage at the property, in violation of the Unfair Trade Practices 

and Consumer Protection Law and the Real Estate Seller Disclosure Law.

The trial court ultimately granted summary judgment in favor of 

McCartney, Coldwell Banker, Tiger, and Advance Realty. The only remaining 
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defendant at that point was Dietrich. The court set a trial date to begin on 

October 4, 2022. Prior to trial, Dietrich filed several motions in limine. The 

trial court granted three of Dietrich’s motions in limine, specifically her motion 

to exclude the expert testimony of the Hollingers’ experts, her motion to 

exclude any agreement other than the Agreement of Sale due to the parol 

evidence rule and the integration clause contained in the Agreement of Sale, 

and her motion to exclude testimony regarding the Seller Disclosure 

Statement. The court found that Dietrich’s remaining motion seeking to limit 

testimony regarding alleged water infiltration that occurred was moot because 

of the court’s rulings on her other motions. See Trial Court Rule 1925(a) 

Opinion, filed 12/8/22, at 15-16. The court noted in its Rule 1925(a) Opinion 

that after it granted Dietrich’s motions in limine, it “removed the case from 

the trial list as the [Hollingers] did not have a viable cause of action against 

any defendant in this matter.” Id. at 15. 

The Hollingers filed several appeals, including from the orders granting 

summary judgment in favor of four of the defendants, as well as from the 

orders granting Dietrich’s motions in limine. This Court consolidated the 

appeals at Nos. 1623, 1624, 1625, 1626, and 1629 MDA 2022. 

On January 23, 2023, this Court issued a rule upon the Hollingers to 

show cause as to the appealability of the trial court’s orders since the orders 

were interlocutory, and it appeared no final order or judgment had been 

entered. In response, the Hollingers maintained that once Dietrich’s three 

motions in limine were granted, all claims and all parties were disposed of,
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and all the underlying orders became appealable. See Letter in Response to 

Rule to Show Cause, filed 2/8/23, at 2. The Hollingers thus argued that all the 

appeals are from final orders and none are interlocutory. Id. On March 17, 

2023, the rule to show cause order was discharged, and the issue was referred 

to this panel.

“The appealability of an order directly implicates the jurisdiction of the 

court asked to review the order.” Bailey v. RAS Auto Body, Inc., 85 A.3d 

1064, 1067 (Pa.Super. 2014) (citation omitted). This Court may “inquire at 

any time, sua sponte, whether an order is appealable.” Id. at 1068 (citation 

omitted).

“As a general rule, only final orders are appealable, and final orders are 

defined as orders disposing of all claims and all parties.” In re Bridgeport 

Fire Litigation, 51 A.3d 224, 229 (Pa.Super. 2012) (citation omitted); see 

also Pa.R.A.P. 341(b) (stating a final order “disposes of all claims and of all 

parties”). “Any order or other form of decision that adjudicates fewer than all 

claims and all parties does not constitute a final order.” Kovalchick v. B.J.’s 

Wholesale Club, 774 A.2d 776, 777 (Pa.Super. 2001) (citing Pa.R.A.P. 341).

Relevant here, “[a] ruling on a motion in limine is not a final order.” Id. (italics 

removed).

Instantly, the Hollingers argue that the orders granting Dietrich’s 

motions in limine were final orders because they had the practical effect of

disposing the remaining claims and parties. However, the orders granting 

Dietrich’s motions in limine were not dispositive ― they did not enter any final
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judgments in Dietrich’s favor nor make final determinations as to any specific 

claim or party. Rather, the orders simply precluded certain evidence, however 

significant it might have been. As this Court pointed out in Liberty State 

Bank v. Northeastern Bank of Pennsylvania, 683 A.2d 889, 890 

(Pa.Super. 1996), “[w]hile the court’s grant of Appellee’s [m]otion in [l]imine 

may have hampered Appellant’s presentation of its case, at that point it was 

the responsibility of the parties to go forward with the case or for Appellee to 

file a [m]otion for [s]ummary [j]udgment the grant of which would have led 

to an appeal.”

Further, there is no order on the docket striking the case from the trial 

list. Thus, since there were no final orders entered by the trial court, we lack 

jurisdiction. Accordingly, we quash the appeals and remand this case for 

further proceedings.

Appeals quashed. Case remanded. Jurisdiction relinquished.

This decision was reached prior to January 2, 2024, with Judge McCaffery’s 

participation.

Judgment Entered.

Benjamin D. Kohler, Esq.

Prothonotary

Date: 01/03/2024