TRACKERS RACEWAY v. COMSTOCK AGENCY


400 Pa.Super. 432 (1990)

583 A.2d 1193

TRACKERS RACEWAY, INC., Appellant, v. COMSTOCK AGENCY, INC., a Corporation; Allied Specialty Insurance, Inc., a Corporation; American Columbus Insurance Company, a Corporation; T.H.E. Insurance Company; Southwestern Fire and Casualty, a Corporation; John Branish; and Harold Churns, an Individual, Appellees.

Supreme Court of Pennsylvania.

Filed December 14, 1990.


Attorney(s) appearing for the Case

Peter Molinaro, Jr., Pittsburgh, for appellant.

Michael L. Magulick, Pittsburgh, for Comstock & Branish, appellees.

Arthur J. Murphy, Jr., Pittsburgh, for Allied Specialty, appellee.

Before ROWLEY, WIEAND, OLSZEWSKI, MONTEMURO, BECK, KELLY, POPOVICH, JOHNSON and FORD ELLIOTT, JJ., En Banc.


OLSZEWSKI, Judge:

In this case, we are asked to decide whether an order dismissing two out of five counts of a complaint is an immediately appealable final order. We must therefore also examine the doctrine of appealability announced in the seminal case of Praisner v. Stocker, 313 Pa.Super. 332, 459 A.2d 1255 (1983). Applying the Praisner standard, we conclude that the trial...

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