POM of Pa v. Dept of Rev, Apl of: Greenwood, et al (per curiam order)

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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT POM OF PENNSYLVANIA, LLC : No. 12 EAP 2023 : : v. : : : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF REVENUE, AND CITY : OF PHILADELPHIA : : APPEAL OF: GREENWOOD GAMING AND : ENTERTAINMENT, INC., D/B/A PARX : CASINO, DOWNS RACING, L.P., D/B/A : MOHEGAN SUN POCONO, : MOUNTAINVIEW THOROUGHBRED : RACING ASSOCIATION, LLC, D/B/A : HOLLYWOOD CASINO AT PENN : NATIONAL RACE COURSE, : WASHINGTON TROTTING ASSOCIATION, : LLC, D/B/A HOLLYWOOD CASINO AT : THE MEADOWS, CHESTER DOWNS AND : MARINA, LLC, D/B/A HARRAH'S : PHILADELPHIA CASINO & RACETRACK, : AND WIND CREEK BETHLEHEM, LLC, : D/B/A WIND CREEK BETHLEHEM : 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.”).

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