Friday, June 20, 2008

Order to Quash Appeal

(Note: The following is a copy of the order granting Harlow Cuadra's appeal to be quashed. The order was originally filed on June 5, 2008, and was mentioned here on June 6, 2008).

Commonwealth of Pennsylvania
Harlow Raymond Cuadra


Appelle has filed a motion to quash this appeal from the March 19, 2008 order granting Appelle's motion to disqualify Appellant's counsel of choice. Appellee asserts that the order is interlocutory and unappealable. Appellant, defendant below, has not filed an answer.

An appeal may be taken as of right only from a final order unless otherwise permitted by rule or statute. See McCutcheon v. Philadelphia Electric Company, 788 A.2d 345 (Pa. 2002); Techtmann v. Howie, 720 A.2d 143 (Pa. Super. 1998). A final order is any order that disposes of all claims and of all parties, is expressly defined as a final order by statute, or is entered as a final order pursuant to Pa.R.A.P. 341(c). See Pa.R.A.P. 341(b). A criminal defendant generally may appeal only from a judgement of sentence. See Commonwealth v. Johnson, 705 A.2d 830 (Pa. 1998). An order removing a criminal defendant's counsel of choice from representation is Interlocutory and not immediately appealable. See Johnson, 705 A.2d at 834.

Accordingly, as Appellant's appeal is taken from an Interlocutory order and not immediately appealable, Appellee's motion to quash is hereby GRANTED.