Appeal from the Order Entered on May 30, 1986, in the Court of Common Pleas of Bucks County, Civil Division, at No. 86-3541-14-5, Biester, J.
Julia B. Passyn, Philadelphia, for appellants.
Lisa M. Barkee, Doylestown and Edward C. Connolly, Warminster, for appellees.
Popovich, Johnson and Hester, JJ.
[ 364 Pa. Super. Page 253]
This is an appeal from an order striking a lis pendens and enjoining appellants from filing any future lis pendens without order of court in an equity suit affecting title to real estate. The sole issue is whether the court erred in granting the injunction. We hold that the injunction was properly entered, and affirm.
Appellees are owners of a tract of rural real estate in Bucks County originally consisting of more than one hundred acres. They intended to establish their permanent residence on the property and to sell peripheral parcels of
[ 364 Pa. Super. Page 254]
the property to parties who would be compatible neighbors. They advertised a twenty acre plot for sale, and entered negotiations with parties who responded to the advertisement. Their procedure was to provide an unsigned agreement of sale to each prospective purchaser which could be used by the potential buyer to make an offer.
Appellants were among those interested in buying the land. In April, 1986, appellants met with Mr. Chandor, appellee, and offered to purchase the property, tendering an agreement of sale signed by both appellants together with a deposit. The offer was not accepted at that time, due in part to the absence of Mrs. Chandor. Negotiations between appellants and appellees continued during April, but the proposed agreement of sale was never signed by appellees. Appellees continued to negotiate with other parties interested in buying the land.
Appellees subsequently informed appellants that they would not convey the land to appellants. In May, 1986, appellants filed a lis pendens and a complaint in equity alleging breach of a contract to convey real estate and seeking specific performance. Appellees moved to strike the lis pendens and to enjoin further use of a lis pendens in this proceeding. On June 3, 1986, the court entered an interlocutory order granting the relief requested by appellees.
The order in question accomplished two things: it struck the lis pendens, and it granted an injunction. The first is not appealable; the second is.
In United States National Bank in Johnstown v. Johnson, 506 Pa. 622, 627-28, 487 A.2d 809, 812 (1985) (italics ...