POM of PA v. Dept of Revenue, Apl of: PGCB ( 2023 )

IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
POM OF PENNSYLVANIA, LLC : No. 11 EAP 2023
:
:
v. :
:
:
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF REVENUE, AND CITY :
OF PHILADELPHIA :
:
:
APPEAL OF: PENNSYLVANIA GAMING :
CONTROL BOARD :
ORDER
PER CURIAM DECIDED: July 21, 2023
AND NOW, this 21st day of July, 2023, the Notice of Appeal is QUASHED. See
42 Pa.C.S. § 723(a) (limiting this Court’s jurisdiction to “appeals from final orders of the
Commonwealth Court entered in any matter which was originally commenced in the
Commonwealth Court”); Pa.R.A.P. 341(b)(1) (defining a final order as one that “disposes
of all claims and of all parties”); Pa.R.Civ.P. 232(a) (“A discontinuance or nonsuit shall
not affect the right of the defendant to proceed with a counterclaim theretofore filed.”). Cf.
Melvin v. Doe, 836 A.2d 42, 44 n.4 (Pa. 2003) (“[A]n order denying a motion for summary
judgment does not terminate the litigation, and thus is not an appealable order.”).
The Application for Leave to File Answer to Jurisdictional Statement Nunc Pro
Tunc is DISMISSED as moot.