PennDOT v. SHARTZER ET UX.

No. 2988 C.D. 1984.

94 Pa.Commw. 355 (1986)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 50, Section 4J, in the Township of Wharton, Claim No. 2603666. Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Donald E. Shartzer and Lillian A. Shartzer, his wife, Appellees.

Commonwealth Court of Pennsylvania.

January 27, 1986.


Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Carl P. Izzo, Jr., with him, Robert L. Webster, Webster & Webster, for appellees.

Argued October 7, 1985, before Judges ROGERS and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY JUDGE PALLADINO, January 27, 1986:

This is an appeal by the Commonwealth of Pennsylvania, Department of Transportation (DOT) from an order of the Court of Common Pleas of Fayette County (trial court) which granted both parties leave to file amended pre-trial statements and ordered the case to proceed to trial. We quash the appeal for lack of jurisdiction because the order at issue is not a final...

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