By Mandi L. Scott
Special to the Legal
In general, appeals are only permitted from final orders, as defined by Pa. R.A.P. 341. In an action involving more than one claim, an order disposing of less than all of the claims is considered an interlocutory order (not final) and therefore not immediately appealable. However, pursuant to Pa. R.A.P. 341(c), a party seeking to immediately appeal an interlocutory order disposing of less than all claims may apply to the trial court for a determination of finality which would permit an immediate appeal.
In order for an interlocutory order disposing of less than all claims to be immediately appealable, the trial court must make an express determination that “an immediate appeal would facilitate resolution of the entire case.” Such an order becomes appealable when entered.
If the trial court does not initially make such an express determination, the party seeking to file an immediate appeal must file an application for a determination of finality with the trial court, asking the trial court to amend its interlocutory order to make the express determination that an immediate appeal would facilitate resolution of the entire case.
The Official Note to Rule 341 lists the factors to be considered by the trial court when making a determination of finality. Those factors include: (1) whether there is a significant relationship between adjudicated and unadjudicated claims; (2) whether there is a possibility that an appeal would be mooted by further developments; (3) whether there is a possibility that the trial court will consider issues a second time; and (4) whether an immediate appeal will enhance prospects of settlement. Other factors include whether failure to entertain an immediate appeal will result in an injustice which a later appeal would not correct. See Pullman Power Prods. of Can. v. Basic Eng'rs, 713 A.2d 1169, 1173 (Pa. Super. 1998).
While the rules provide that an application for determination of finality must be filed within 30 days of entry of the trial court’s interlocutory order, Rule 341(c)(3) further provides that the trial court must act on the application within 30 days of entry of the interlocutory order so any application for a determination of finality should be filed earlier in order to give the opposing party and the trial court sufficient time to consider the application. During the time an application for a determination of finality is pending, the action is stayed.
If the trial court grants the application for a determination of finality, a notice of appeal must be filed within 30 days after entry of the trial court’s amended order (unless a shorter time period is provided in Pa. R.A.P. 903(c)).
Further, if the trial court denies the application for a determination of finality, or the application is deemed denied because it is not decided within 30 days of the entry of the trial court’s interlocutory order, the party seeking an immediate appeal may seek review of the trial court’s denial by filing a petition for review with the appellate court pursuant to Chapter 15 of the Pennsylvania Rules of Appellate Procedure.
Finally, it should be noted that the appellate courts may review the merits of a trial court’s determination of finality even if the parties do not challenge that decision. See Pullman Power Prods. of Can., 713 A.2d at 1173-1174; Wisniski v. Brown & Brown Ins. Co., 852 A.2d 1206, 1209-1210 (Pa. Super. 2004), citing F.D.P. ex rel. S.M.P. v. Ferrara, 804 A.2d 1221, 1227 n. 6 (Pa. Super. 2002).
Mandi L. Scott is an associate with the Pittsburgh-based law firm of Goehring Rutter & Boehm, where she has been practicing since 2004. Currently, her practice focuses on appellate issues and municipal law. To contact her, e-mail [email protected].
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