LAFAYETTE R. E. CORP. OF M. v. JONNEL E., INC., 435 Pa. 49 (1969)

255 A.2d 533

Lafayette Radio Electronics Corporation of Monroeville v. Jonnel Enterprises, Inc., Appellant.

Supreme Court of Pennsylvania.May 26, 1969.
June 27, 1969.

Appeals — Final or interlocutory order — Equity — Order entered granting permanent injunction, noting exceptions to defendant — Necessity of review by court en banc before entry of final decree — Pa. R. C. P.

1. The findings of fact, conclusions of law, and adjudication of the chancellor and exceptions must be reviewed by the court en banc before a final decree may be entered: Pa. R. C. P. 1517-1519. [50]

2. In this case, in which the chancellor entered an order granting a permanent injunction restraining defendant-landlord’s use of distraint for rent and a mandatory injunction requiring arbitration, noting exceptions to the defendant, from which defendant appealed, it was Held that the appeal was premature and had to be quashed.

Mr. Justice JONES took no part in the consideration or decision of this case.

Before BELL, C. J., COHEN, EAGEN, O’BRIEN, ROBERTS and POMEROY, JJ.

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Appeal, No. 170, March T., 1969, from decree of Court of Common Pleas of Allegheny County, April T., 1968, No. 1193, in case of Lafayette Radio Electronics Corporation of Monroeville et al. v. Jonnel Enterprises, Inc. et al. Appeal quashed.

Equity. Before HESTER, J.

Decree entered granting permanent injunction restraining defendant from distraint, and mandatory injunction directing submission of case to arbitration. Defendant, landlord, appealed.

Aaron Rosenzweig, with him Samuel M. Rosenzweig, an Rosenzweig Rosenzweig, for appellant.

Norman J. Cowie, with him Thomson, Rhodes Grigsby, for appellee.

OPINION BY MR. JUSTICE COHEN, June 27, 1969:

In this action the plaintiff-tenant sought and obtained a permanent injunction restraining defendant-landlord’s use of distraint for rent and a mandatory injunction requiring arbitration. The chancellor entered an order to this effect, noting exceptions to the defendant, from which the present appeal was taken. The findings of fact, conclusions of law, adjudication and exceptions must be reviewed by the court en banc before a final decree may be entered. Pa. R. C. P., 1517-1519; Cooney v. Pennsylvania Osteopathic Association, 434 Pa. 358, 253 A.2d 256 (1969); Sessa v. Melnick, 420 Pa. 257, 216 A.2d 56 (1966). This appeal is premature and must be quashed.

Appeal quashed. Costs on appellant.

Mr. Justice JONES took no part in the consideration or decision of this case.

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