Opinion

Izenson v. Izenson

  • 274 Pa. Super. 356
  • 418 A.2d 445
  • 1980 Pa. Super. LEXIS 1866
Court
Superior Court of Pennsylvania
Filed
Jan 11, 1980
Status
Published
On the bench
Hester, Hoffman, Catania
Cited by
6 cases
Authority
More cited than 69.8%

The opinion

PER CURIAM:

Appellants contend that the lower court erred in issuing a preliminary injunction and a permanent injunction. We cannot reach the merits, however, because appellants failed to appeal the lower court’s order granting a permanent injunction. For the reasons which follow, we must dismiss this appeal.

*358

On January 29, 1979, appellee filed a complaint in equity against appellants, seeking a preliminary injunction. On April 17,1979, following hearings, the lower court granted a preliminary injunction enjoining appellants from wrongfully interfering with appellee’s rights as an officer, director, and shareholder of the appellant corporation; ordering appellant Irwin Izenson to transfer 75 shares of the corporation’s stock to appellee; vacating a special meeting of the corporation’s directors and stockholders; ordering that appellants provide appellee access to the corporation’s place of business; and requiring appellee to post bond in the amount of $10,000.00. On April 20,1979, appellants filed this appeal. On April 27, 1979, pursuant to the parties’ prior stipulation, the lower court granted a permanent injunction, incorporating all the terms of the preliminary injunction with the exception of the bond requirement. Appellants have not appealed the order granting the permanent injunction.

Where a preliminary injunction is in force, the issuance of a permanent injunction terminates the preliminary injunction.

See

43A C.J.S. Injunctions § 243 b, at 537 (1978). Thus, we cannot reach appellant’s contention that the preliminary injunction was improperly issued because that injunction is no longer in effect.

1

In addition, the issue of whether the lower court erred in granting the permanent injunction is not before us because appellants have not appealed that order.

See

Pa.R.A.P. 903;

Duggan v. Environmental Hearing Board,

13 Pa.Cmwlth. 339, 342 , 321 A.2d 392, 393 (1974). Accordingly, we must dismiss this appeal. Appeal dismissed.

1

. In their brief, appellants question the propriety of the lower court’s issuance of a permanent injunction after notice of appeal from the order granting a preliminary injunction had been filed. Rule 1701(a) of the Pennsylvania Rules of Appellate Procedure provides: “Except as otherwise prescribed by these rules, after an appeal is taken . ., the lower court may no longer proceed further in the matter.” Pa.R.A.P. 311(e) provides: “Rule 1701(a) shall not be applicable to a matter in which an interlocutory order is appealed under [Pa.R.A.P. 311(a)(4) (appeal from injunctions)].” Accordingly, the lower court did not err in proceeding after the notice of appeal was filed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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