Altemose Construction Co. v. Building & Construction Trades Council

I join in the opinion of the Court, and add this separate statement only because of the concern of the dissenters that a “grievous error” has been committed in quashing the appeal. This concern, in my view, misconceives the procedural framework of our rules relative to proceedings in equity where preliminary injunctive relief is sought and granted.

As the dissenting opinion of Mr. Justice Manderino points out, “[a]ny party may move at any time to dissolve an injunction”. Pa.R.C.P. 1531(c). The trial court then, after a preliminary hearing, makes an order dissolving, continuing or modifying the…