Gardner v. Prudential Ins. Co.
| Decision Date | 28 August 1984 |
| Parties | Catherine GARDNER v. PRUDENTIAL INSURANCE CO., Appellant. |
| Court | Pennsylvania Superior Court |
Reid R. Coppock, Norristown, for appellant.
William E. Averona, Philadelphia, for appellee.
Before OLSZEWSKI, POPOVICH and CERCONE, JJ.
This action stems from a disputed insurance claim. The instant appeal follows an order by the lower court appointing a neutral arbitrator and directing that arbitration take place in Philadelphia County. Appellant, Prudential Insurance Company, challenges the venue aspect of that order. Appellee has responded on the merits, but asserts that the trial court's order is interlocutory and nonappealable under Pa.R.A.P., Rule 311(a), 42 Pa.C.S.A.
We address initially the question of jurisdiction. 1
Under 42 Pa.C.S. Sec. 7320(a)(1), a party may appeal an order denying a petition to compel arbitration. No statutory authority exists, however, for review of an order which compels the arbitration.
Appellant asserts that the order is appealable by right as a final order under 42 Pa.C.S. Sec. 742. As the lower court correctly notes, the argument is frivolous. The order by compelling arbitration forces the parties into, rather than out of, court. Lower court op. at 1.
Our research has unearthed inconsistent dictum in a recent case, Brennan v. General Accident Fire and Life Ins. Corp., 307 Pa.Super. 288, 290, 453 A.2d 356, 357 (1982). There, while quashing an appeal from an order enforcing an agreement for common law arbitration, the court observed that 42 Pa.C.S. Sec. 7320 authorizes review of an order enforcing an agreement for statutory arbitration. The dictum, apparently a misreading of Sec. 7320, has no precedential value.
No other authority supports appeal of this order as a matter of right.
Appeal quashed.
1 We note that an interlocutory appeal may be taken by permission pursuant to Chapter 13 of the Rules. Pa.R.A.P., Rule 312, 42 Pa.C.S.A. and 42 Pa.C.S. Sec. 702(b); see, e.g. Pa.R.A.P., Rule 1311, 42 Pa.C.S.A. However, appellant has failed to follow the procedure outlined in Chapter 13.
To continue reading
Request your trial
-
United Services Auto. Ass'n v. Shears
...authority in existence that allows a party to take an appeal from an order that compels arbitration); Gardner v. Prudential Insurance Co., 332 Pa.Super. 358, 359, 481 A.2d 654, 655 (1984) (no statutory authority exists for review of an order which compels arbitration); Brennan v. General Ac......
-
Clark v. State Farm Auto. Ins. Co.
...before this court. Ordinarily, an order compelling arbitration is a non-appealable, interlocutory order. Gardner v. Prudential Ins. Co., 332 Pa.Super. 358, 481 A.2d 654 (1984). However, the order sub judice not only compelled arbitration, but also dismissed appellant's counterclaim for decl......
-
Commonwealth v. Philip Morris, Inc.
...arbitration is not appealable because "the parties are not forced ‘out of court.’ " Id. at 1145 (quoting Gardner v. Prudential Ins. Co., 332 Pa.Super. 358, 481 A.2d 654, 655 (1984) ). "[A]n order compelling arbitration forces the parties into, rather than out of, court." Id.; accord Rosy. H......
-
Commonwealth v. Philip Morris, Inc.
...arbitration is not appealable because “the parties are not forced ‘out of court.’ ” Id. at 1145 (quoting Gardner v. Prudential Ins. Co., 332 Pa.Super. 358, 481 A.2d 654, 655 (1984)). “[A]n order compelling arbitration forces the parties into, rather than out of, court.” Id.; accord Rosy. He......