DAVIS COOKIE CO., INC. v. WASLEY


389 Pa.Super. 112 (1989)

566 A.2d 870

DAVIS COOKIE COMPANY, INC., Appellant, v. Thomas WASLEY, Appellee. Thomas WASLEY, Appellee, v. DAVIS COOKIE COMPANY, INC., Appellant.

Supreme Court of Pennsylvania.

Filed November 21, 1989.


Attorney(s) appearing for the Case

Avrum Levicoff, Pittsburgh, for appellant.

Blythe H. Evans, Jr., Wilkes-Barre, for appellee.

Before CIRILLO, President Judge, and KELLY and HESTER, JJ.


KELLY, Judge:

In these consolidated appeals we address two significant procedural issues regarding permissive counterclaims under Pa.R.C.P. 1031.

First, we are called upon to determine whether the Luzerne County trial court abused its discretion in failing to grant allowance to amend an answer with new matter to assert a permissive counterclaim under Pa.R.C.P. 1033. We quash this appeal as having been taken improvidently from an interlocutory and unappealable...

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