In re Estate of Sorber
Decision Date | 11 July 2002 |
Citation | 803 A.2d 767,2002 Pa. Super. 226 |
Parties | In re ESTATE of Myra A. SORBER, Deceased. Appeal of Phyllis Sorber. |
Court | Pennsylvania Superior Court |
William J. Gallagher, West Chester, for appellant.
Thomas P. Mohr, Spring City, for appellee.
Before DEL SOLE, P.J., FORD ELLIOTT and BECK, JJ.
¶ 1 Phyllis Sorber appeals from two orders entered by the Orphans' Court in the estate of her mother, Myra A.P. Sorber. We quash the appeal.
¶ 2 The orders involved arose out of a dispute between Appellant and her father, James Sorber, over property which had been marital property at the time Appellant's parents were divorced. Appellant filed an equity action, as well as a lis pendens, to prevent James Sorber from selling the property. This action was consolidated with petitions filed in the estate case. After a hearing, the court entered the following order:
2. Any Agreement of Sale for Tax Parcel No. 52-2-44 must be jointly executed by James Sorber and the Trustee of the Trust under the will of Myra Sorber.
Both parties filed exceptions and the court entered the following order:
Appellant then filed this appeal.
¶ 3 It is well-settled that this Court has jurisdiction only over appeals from final orders and those interlocutory orders which have been specifically provided for by statute. 42 Pa.C.S.A. § 742; In re Estate of Meininger, 367 Pa.Super. 105, 532 A.2d 475 (1987). Under Pa.R.A.P. 341, an order is final if it disposes of all claims and all parties. In a decedent's estate, the confirmation of the final account of the personal representative represents the final order. Id. Thus, we have refused to entertain appeals from orders: determining that a spouse did not waive his statutory rights by a prenuptial agreement, In re Estate of Borkowski, 794 A.2d 388 (Pa.Super.2002); denying a motion to vacate an order approving the sale of real estate, In re Estate of Habazin, 451 Pa.Super. 421, 679 A.2d 1293 (1996); denying a request to compel the executor to file exceptions, In re Estate of Preston, 385 Pa.Super. 48, 560 A.2d 160 (1989); and dismissing objections to an account but not expressly confirming the account or approving the proposed distribution, Meininger, 367 Pa.Super. 105, 532 A.2d 475. Clearly, the orders appealed from in the present case do not dispose of all claims and all parties.
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