Joyce & Associates v. Pivirotto
| Decision Date | 22 October 1986 |
| Citation | 358 Pa.Super. 50,516 A.2d 763 |
| Parties | JOYCE & ASSOCIATES, Appellee, v. Anthony J. PIVIROTTO and Robert Woods, d/b/a Pivirotto and Woods, a partnership, Appellants. |
| Court | Pennsylvania Superior Court |
Stephen Israel, Pittsburgh, for appellants.
John H. Smith, Pittsburgh, for appellee.
Before ROWLEY, WIEAND and DEL SOLE, JJ.
This is an appeal from an order imposing sanctions because of defendants' failure to comply with a discovery order entered by the trial court. Because the sanction order is interlocutory, we quash the appeal.
Joyce & Associates commenced an action to recover the sum of $18,905.00 which was allegedly owed by Anthony J. Pivirotto and Robert Woods, d/b/a Pivirotto and Woods, for accounting services. The named defendants thereafter filed an answer which contained new matter and also a counterclaim. Joyce & Associates then served upon the defendants a set of interrogatories and a request for the production of certain documents. Pivirotto and Woods failed to respond. Upon motion thereafter filed by Joyce & Associates, the trial court entered an order directing Pivirotto and Woods to file answers to interrogatories no later than April 15, 1985 and also to respond to the motion for the production of documents. The defendants' default continued. Therefore, on April 26, 1985, the trial court imposed sanctions upon Pivirotto and Woods which precluded them from offering at trial any documents or testimony which, in violation of the court's order, they had failed or refused to furnish during the discovery conducted by the plaintiff.
The Supreme Court, in Pugar v. Greco, 483 Pa. 68, 394 A.2d 542 (1978) admonished that "whenever possible, [appellate] review must await the determination of a suit notwithstanding any resulting inconvenience to a party." Id. at 75, 394 A.2d at 546. In acknowledgement of this admonition and in reliance thereon, the Superior Court announced, in McManus v. Chubb Group of Insurance Companies, 342 Pa.Super. 405, 493 A.2d 84 (1985), that Id. at 410, 493 A.2d at 87.
There are no unusual circumstances recommending interim review in this case. The issues of...
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Boyle v. Steiman
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...we will not review discovery or sanction orders prior to a final judgment in the main action." Joyce & Associates v. Pivirotto, 358 Pa.Super. 50, 52, 516 A.2d 763, 764 (1986) (quoting McManus v. Chubb Group of Insurance Companies, 342 Pa.Super. 405, 410, 493 A.2d 84, 87 Instantly, the trial......
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...order the order imposing sanctions is not reviewable until final disposition of the underlying litigation. See Joyce v. Pivirotto, 358 Pa.Super. 50, 516 A.2d 763 (1986); Edney v. Southeastern Pennsylvania Transportation Authority, 356 Pa.Super. 160, 514 A.2d 194 (1986). This is so even thou......
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