Geraldine McFETRIDGE, Executrix of the Estate of Richard T. McFetridge, Deceased, Appellant, v. AIR PRODUCTS & CHEMICALS COMPANY, INC. v. WESTINGHOUSE ELECTRIC CORPORATION and Welding and Steel Fabrication Company, Inc.

VAN der VOORT, Judge,

concurring and dissenting:

I concur in the action of the majority in quashing this appeal insofar as it pertains to the refusal of. plaintiff’s motion for a new trial. I respectfully dissent to that part of the decision by the majority insofar as it pertains to the denial of plaintiff’s motion to remove the compulsory non-suits. See my concurring and dissenting opinion in Durkin & Sons, Inc. v. Nether Providence Township School Authority, et al, 291 Pa.Superior Ct. 402, 435 A.2d 1288 (1981).

PER CURIAM:

Appeal was taken in this case from a lower court order denying plaintiff’s motions to remove compulsory nonsuits and for a new trial. Because the order has not been reduced to judgment and docketed on the basis of Pa.R.A.P. 301(c) the appeal is untimely. Durkin & Sons, Inc. v. Nether Providence Township School Authority, et al., 291 Pa.Superior Ct. 402, 435 A.2d 1288 (1981). Appeal quashed.

VAN der VOORT, J., files a concurring and dissenting opinion.