First National Bank v. Jones, R.

J-S20013-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
FIRST NATIONAL BANK OF OMAHA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
RENEE S. JONES
No. 970 WDA 2015
Appeal from the Order March 27, 2015
In the Court of Common Pleas of Allegheny County
Civil Division at No(s): AR-13-001681
BEFORE: PANELLA, J., OLSON, J., and PLATT, J.*
JUDGMENT ORDER BY PANELLA, J. FILED MAY 3, 2016
Appellant, First National Bank of Omaha (“FNBO”), purports to appeal
from the May 20, 2015 order that denied reconsideration of the March 27,
2015 order that sustained Appellee, Renee S. Jones’s, preliminary objections
to FNBO’s third amended complaint with prejudice. However, as FNBO
concedes, the May 20, 2015 order denying reconsideration was not a final,
appealable order. See Appellant’s Brief, at 7.
In an effort to preserve our jurisdiction to hear this appeal, FNBO
argues that the May 20 order has two components: the denial of
reconsideration, and the determination that the March 27 order was a final
____________________________________________
*
Retired Senior Judge assigned to the Superior Court.
J-S20013-16
order. While FNBO makes a creative and valiant argument, we cannot agree,
and therefore quash the appeal as untimely.
Where, as here, there are only two parties, an order sustaining
preliminary objections with prejudice against the entire complaint is a final,
appealable order. See McKinney v. State Farm Mut. Auto Ins. Co., 441
A.2d 1252, at n.1 (Pa. Super. 1982). Once a final order or judgment is
entered, an appeal must be filed within 30 days. Witherspoon v. Wal-
Mart Stores, Inc., 814 A.2d 1222 (Pa. Super. 2002). In order to preserve
the jurisdiction of this Court, an appeal must be filed within 30 days of the
date that the trial court clerk enters a notation in the docket that notice of
the order was given to the parties. See PNC Bank, N.A. v. Unknown
Heirs, 929 A.2d 219, 226 (Pa. Super. 2007). The filing of a motion for
reconsideration of a final order does not toll the 30 day period; the trial
court must expressly grant reconsideration within 30 days to the toll the
appeal period. See id.Here, FNBO filed its motion for reconsideration and requested an
argument date of May 1, 2015, outside the 30 day appeal period. Thus,
when the trial court heard the argument, it properly noted that it was
without jurisdiction to grant reconsideration. See id. FNBO’s argument that
the March 27 order was not final until the trial court observed that it was
final is simply untrue as a matter of law. Furthermore, FNBO’s argument that
its second amended complaint was still operative as it did not have
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J-S20013-16
authorization to file the third amended complaint is belied by the record. As
just one example of the circumstances evident from the record, Jones did
not object to the filing of the third amended complaint on grounds that FNBO
did not have authority to file it. We therefore conclude that we lack
jurisdiction to entertain this appeal and quash.
Appeal quashed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 5/3/2016
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