Gusky, J. v. Harvey, Pennington, Ltd. (memorandum)

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J-S18042-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 JOEL D. GUSKY, ESQUIRE, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. HARVEY, PENNINGTON, LTD., Appellee No. 2919 EDA 2012 Appeal from the Order of August 27, 2012, in the Court of Common Pleas of Philadelphia County, Civil Division at No. 090500733 May Term, 2009 BEFORE: STEVENS, P.J., WECHT and COLVILLE*, JJ. MEMORANDUM BY COLVILLE, J.: FILED MAY 03, 2013 This is an appeal from the order granting summary judgment to Appellee. We quash this appeal. The relevant background of the case is as follows. Appellant filed an action against Appellee for breach of contract; he also sought declaratory judgment as ancillary relief. Appellee filed an answer and a counterclaim for breach of contract. claims, the record Although the order on appeal disposed of Appellant s indicates that Appellee s outstanding. _________________ *Retired Senior Judge assigned to the Superior Court. counterclaim remains J-S18042-13 Pursuant to 42 Pa.C.S.A. § 742, this Court has jurisdiction over appeals from final orders.1 Pennsylvania Rule of Appellate Procedure 341 defines final order as any order that, inter alia, disposes of all claims and of all parties[.] Pa.R.A.P. 341(b)(1). Because Appellee s counterclaim remains unresolved, the order granting summary judgment on Appellant s claims is not a final order. Furthermore, we can discern no other manner in which the order could be considered immediately appealable. Thus, we do not have jurisdiction to consider the merits of Appellant s appeal. We quash the appeal. Appeal quashed. Judgment Entered. Prothonotary Date: 5/3/2013 ____________________________________________ 1 Appellant s Statement of Jurisdiction indicates Section 742 is applicable to this appeal. -2-

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