Dovin v. Honey Brook Golf Club, 2024 Pa. Super. LEXIS 465 (Pa. Superior Ct., October 28, 2024)(Nichols, J.)
An Order which alters the status quo permitting conduct that was not permitted preciously and was effective before the entry of a final Order is appealable. In this, an injunction preventing people from hitting golf balls onto somebody’s property had been dissolved – so it was appealable. The Court also said that the issue was not weighed by the filing of post-trial motions. The Court found that there was a clear right to relief because of continuing trespass and continuing nuisance. There was no evidence that the problem abated concerning the trespass and nuisance of golf balls entering into Appellants property from the golfers play Hole #4 of the course. An injunction is an extraordinary remedy. An injunction is not necessary to prevent a wrong if there is an adequate remedy at law, but here there is none. The Court inexplicably entered its decision before the nonjury trial ended. The Court never gave Appellees’ witness an opportunity to finish its testimony. The record is incomplete and not right for review and the Court sends it back.
