Mensch v. Mensch, 713 A.2d 690 (Pa. Super. Ct. 1998). · Go Syfert
Mensch v. Mensch, 713 A.2d 690 (Pa. Super. Ct. 1998). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 1 distinct court.
Strongest positive: Campbell, K. v. Campbell, A. (pasuperct, 2020-05-07)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) Campbell, K. v. Campbell, A.
Pa. Super. Ct. · 2020 · confidence medium
Furthermore, it has consistently been held that where “ancillary claims remain unresolved, issues such as those seeking special relief, are interlocutory and unappealable.” Mensch v. Mensch, 713 A.2d 690, 691 (Pa.Super. 1998).
cited Cited as authority (rule) K.F. v. A.F.
Pa. Super. Ct. · 2016 · confidence medium
Mensch v. Mensch, 713 A.2d 690, 691 (Pa. Super. 1998) (citations omitted).
discussed Cited as authority (rule) In the Interest of: L v. a Minor
Pa. Super. Ct. · 2015 · confidence medium
“This question, which implicates our jurisdiction, may properly be raised by the court sua sponte.” In re W.H., 25 A.3d 330, 334 (Pa. Super. 2011), appeal denied, 24 A.3d 364 (Pa. Super. 2011), citing Mensch v. Mensch, 713 A.2d 690, 691 (Pa. Super. 1998).
discussed Cited as authority (rule) M.A.S. v. M.L.S.
Pa. Super. Ct. · 2015 · confidence medium
A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party. (14) The history of drug or alcohol abuse of a party or member of a party’s household. (15) The mental and physical condition of a party or member of a party’s household. (16) Any other relevant factor. 23 Pa.C.S.A. § 5328.2 Preliminarily, we must determine whether this appeal is properly before us “because such a question goes to this [C]ourt’s jurisdiction and may be properly raised by the court sua sponte.” Mensch v. Mensch, 713 A.2d 690, 6…
discussed Cited as authority (rule) Radakovich v. Radakovich
Pa. Super. Ct. · 2004 · confidence medium
This Court has held that “where a decree in divorce has not been entered and ancillary claims remain unresolved, issues such as those seeking special relief, are interlocutory and unappealable.” Mensch v. Mensch, 713 A.2d 690, 691 (citations omitted).
cited Cited "see" In the Interest of: Z v. a Minor
Pa. Super. Ct. · 2017 · signal: see · confidence high
See Mensch v. Mensch, 713 A.2d 690, 691 (Pa. Super. 1998).
discussed Cited "see" T.B. v. M.B.
Pa. Super. Ct. · 2017 · signal: see · confidence high
See Mensch v. Mensch, 713 A.2d 690, 691 (Pa. Super. 1998); see also Sneeringer v. Sneeringer, 876 A.2d 1036, 1039 (Pa. Super. 2005) (noting that where a decree of divorce has not been entered, orders involving marital settlement agreements are not final orders).
cited Cited "see" In the Interest of: Z v. a Minor
Pa. Super. Ct. · 2017 · signal: see · confidence high
See Mensch v. Mensch, 713 A.2d 690, 691 (Pa. Super. 1998).
cited Cited "see" In the Interest of: G.S., A Minor, Appeal of: W.S.
Pa. Super. Ct. · 2016 · signal: see · confidence high
See Mensch v. Mensch, 713 A.2d 690, 691 (Pa. Super. 1998).
discussed Cited "see" Doyle, M. v. Doyle, J. (2×) also: Cited "see, e.g."
Pa. Super. Ct. · 2015 · signal: see · confidence high
See Mensch v. Mensch, 713 A.2d 690, 691 (Pa. Super. 1998).” The Kensey court further stated: “Under Pennsylvania law, an appeal may only be taken from an interlocutory order as of right (Pa. R.A.P. 311), from a final order (Pa. R.A.P. 341), from a collateral order (Pa. R.A.P. 313), or from an interlocutory order by permission (Pa. R.A.P. 31[2], 1311, 42 Pa. C.S.A. § 702(b)).” Radakovich v. Radakovich, 846 A.2d 709, 714 (Pa. Super. 2004) (alteration in original) (quoting Nemirovsky v. Nemirovsky, 776 A.2d 988, 991 (Pa. Super. 2001)).
cited Cited "see" In Re WH
Pa. Super. Ct. · 2011 · signal: see · confidence high
See Mensch v. Mensch, 713 A.2d 690, 691 (Pa.Super.1998).
cited Cited "see" In re W.H.
Pa. Super. Ct. · 2011 · signal: see · confidence high
See Mensch v. Mensch, 713 A.2d 690, 691 (Pa.Super.1998).
cited Cited "see" In re F.B.
Pa. Super. Ct. · 2007 · signal: see · confidence high
See Wagner v. Wagner, 887 A.2d 282, 285 (Pa.Super.2005), citing Mensch v. Mensch, 713 A.2d 690, 691 (Pa.Super.1998).
cited Cited "see" In Re FB
Pa. Super. Ct. · 2007 · signal: see · confidence high
See Wagner v. Wagner, 887 A.2d 282, 285 (Pa.Super.2005), citing Mensch v. Mensch, 713 A.2d 690, 691 (Pa.Super.1998).
cited Cited "see" Wagner v. Wagner
Pa. Super. Ct. · 2005 · signal: see · confidence high
See Mensch v. Mensch, 713 A.2d 690, 691 (Pa.Super.1998) (Superior Court may assess its jurisdiction to hear an appeal sua sponte).
discussed Cited "see" Kensey v. Kensey (2×)
Pa. Super. Ct. · 2005 · signal: see · confidence high
See Mensch v. Mensch, 713 A.2d 690, 691 (Pa.Super.1998). ¶ 5 “Under Pennsylvania law, an appeal may only be taken from an interlocutory order as of right (Pa.R.A.P. 311), from a final order (Pa.R.A.P. 341), from a collateral order (Pa.R.A.P. 313), or from an interlocutory order by permission (Pa. R.A.P. 31 [2], 1311, 42 Pa.C.S.A. § 702(b)).” Radakovich v. Radakovich, 846 A.2d 709, 714 (Pa.Super.2004) (alteration in original) (quoting Nemirovsky v. Nemirovsky, 776 A.2d 988, 991 (Pa.Super.2001)).
discussed Cited "see, e.g." Sneeringer v. Sneeringer
Pa. Super. Ct. · 2005 · signal: see also · confidence medium
Wilson, 828 A.2d at 377 ; see also Mensch, 713 A.2d at 692 (quashing an appeal from an order denying the appellant’s petition to invalidate a settlement agreement).
Retrieving the full opinion text from the archive…
Stephanie MENSCH, Appellee,
v.
Terry MENSCH, Appellant
5173.
Superior Court of Pennsylvania.
Jun 22, 1998.
713 A.2d 690
Gregory S. Skibitsky, Pittston, for appellant., Rebecca L. Warren, Bloomsburg, for ap-pellee.
Sole, Musmanno, Melvin.
Cited by 17 opinions  |  Published

OPINION

PER CURIAM:

The parties in this action were married in Bloomsburg, Pennsylvania, and have two children. Following separation and Appel-lee’s initiation of a complaint in divorce, the parties executed a marital settlement agreement. The consent custody provisions of the agreement were adopted and approved by the Court of Common Pleas of Columbia County. Thereafter, on June 25, 1997, Appellant filed a petition for special relief, challenging the validity of the settlement agreement, based upon his claimed mental incapacity to contract. Following a hearing, the lower court denied and dismissed the petition. The judge directed the prothono-tary to notify the parties’ attorneys of the adjudication and pursuant to Pa.R.C.P. 1517 and Pa.R.C.P. 227.1 to enter the decree as a final order if no post-trial motions were filed within ten days of the adjudication. Upon praecipe of Appellee’s counsel, and pursuant to Pa.R.C.P. 227.4, the decree nisi was entered as a final decree on December 5, 1997. Appellant filed this timely appeal.

Presented for our consideration is Appel-lee’s motion to quash the appeal predicated upon Appellant’s failure to file post-trial motions. Appellee contends that Appellant’s right to appeal has been waived, in that no appealable issues were preserved, resulting from Appellant’s noncompliance with Pa. R.C.P. 227.1. Thus, she argues, pursuant to Pa.R.A-P. 302 and Pa.R.A.P.1972(5), quashal should obtain.

Because post-trial motions are precluded in cases governing domestic relations matters, other than those following a paternity trial, we do not agree that Appellant’s issues are waived. Specifically, Pa.R.C.P. 1920.52(a)(2) bars post-trial relief in claims involving the enforcement of marital agreements. This bar is further enunciated by Rule 1980.2(a): “There shall be no motions for post-trial relief in any domestic relations matter except that where a paternity matter is tried by jury, post-trial practice shall be permitted in accordance with Rule of Civil Procedure 227.1.” The trial court’s identification of its ruling on Appellant’s petition as a decree nisi requiring post-trial motions was in error. Where the relief sought is in the context of a divorce case, Rule 1920.52 and 1930.2 apply. However, our query does not there end,

Notwithstanding the removal of the post-trial motions bar, this court must examine the appealability of this matter because such a question goes to this court’s jurisdiction and may be properly raised by the court sua sponte. See Leister v. Leister, 453 Pa.Super. 576, 684 A.2d 192, 193 (1996), quoting Fried v. Fried, 509 Pa. 89, 501 A.2d 211 (1985). It has been consistently held that where a decree in divorce has not been entered and ancillary claims remain unresolved, issues such as those seeking special relief, are interlocutory and unappealable. See, e.g., Fried v. Fried, supra, Miller v. Steinbach, 452 Pa.Super. 194, 681 A.2d 775 (1996); Schwartz v. Schwartz, 411 Pa.Super. 282, 601 A.2d 349 (1992); Beasley v. Beasley, 348 Pa.Super. 124, 501 A.2d 679 (1985) (appeal will only lie from final order unless appeal is otherwise permitted by statute or rule of court); Fenstamaker v. Fenstamaker, 337 Pa.Super. 410, 487 A.2d 11 (1985); (trial court order refusing recusal is interlocutory); Campbell v. Campbell, 357 Pa.Super. 483, 516 A.2d 363 (1986) (the entry of a divorce decree is a prerequisite to an order for alimony or equitable distribution of property, citing Dech v. Dech, 342 Pa.Super. 17, 492 A.2d 41 (1985)); Noto v. Noto, 293 Pa.Super. 161, 437 A.2d 1255 (1981) (a final order is one which ends litigation or disposes of the case); and Wall v. Wall, 517 Pa. 29, 534 A.2d 465 (1987) (a determination, pursuant to § 206 of the Divorce Code, now 23 Pa.C.S. § 3306, that a marriage exists is not a final and appealable order when rendered as part of an action in divorce).

The denial of appellant’s petition to invalidate the parties’ marital settlement agreement does not end the litigation. No decree of divorce has been entered. Thus, pursuant to Pa.R.A.P. 341(b)(1), there is no final order, which is a prerequisite to the taking of an appeal. As this order does not so qualify (a final order is one that disposes[*692] of all claims and of all parties), the appeal is interlocutory.

Therefore, this appeal having been filed from the entry of an interlocutory, unappealable order, it is hereby quashed.