POM of Pa v. Dept of Rev, Apl of: Greenwood ( 2023 )

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.”).