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ROBERT S. HURST ET AL. v. JOHN J. SHAW (11/04/88)

decided: November 4, 1988.

ROBERT S. HURST ET AL., APPELLANTS
v.
JOHN J. SHAW, APPELLEE



Appeals from the Order of the Court of Common Pleas of Philadelphia County, in the case of John J. Shaw v. Robert S. Hurst, Richard B. Costello, John F. O'Brien, Nick Mancini, James T. Downs, Lou Campione, Thomas E. Lynch, Jr., George McNesby, Kenneth Rocks and Philadelphia Lodge No. 5, Fraternal Order of Police, and Philadelphia Police Home Association, No. 4717 May Term, 1988.

COUNSEL

Anthony J. Molloy, Jr., Mozenter, Molloy & Durst, for appellants.

John K. Weston, Sacks, Basch, Brodie & Sacks, for appellee.

Judges Barry and Palladino, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick.

Author: Narick

[ 121 Pa. Commw. Page 3]

This consolidated appeal has its genesis in an equity action filed by John Shaw (Appellee herein) in the Court of Common Pleas of Philadelphia County.

The relevant facts are as follows. Shaw is a member of Philadelphia Lodge No. 5, Fraternal Order of Police (FOP), as well as the FOP's board of directors. Shaw was also a candidate for president of the FOP.*fn1 On February 17, 1988, Shaw sent a letter to Robert S. Hurst, president of the FOP and an Appellant herein, requesting permission to examine all corporate documents as set forth in the Non-profit Corporation Law of 1972, 15 Pa. C.S. § 7502(b).*fn2 In response, Appellants

[ 121 Pa. Commw. Page 4]

    submitted a letter to Shaw advising him that they could not rule on his request until he was more specific as to which corporate records he wished to examine. In May 1988, Shaw instituted a cause of action in equity with the court of common pleas seeking a preliminary injunction which would allow him to examine corporate records. On July 29, 1988, the court issued a preliminary injunction directing Appellants to permit Shaw or his authorized representatives to inspect and copy the following: minutes of all meetings from April 1, 1982 through the present; copies of trustees' audits and quarterly reports from April 1, 1982 through the present; all reports of income and expenses received or paid by the corporation from April 1, 1982 through the present; lists of all investments made or held by or on behalf of the corporation from April 1, 1982 through the present; and all tax returns filed by the corporation from April 1, 1982 through the present. The trial court further directed Appellants to submit to the FOP board of directors at the next regularly scheduled meeting, Shaw's request for the mailing list of the names and addresses of FOP members.*fn3

Appellants appealed the July 29 preliminary injunction order; this appeal is docketed at 1895 C.D. 1988.*fn4

[ 121 Pa. Commw. Page 5]

When Appellants failed to comply with the July 29 order, Shaw filed a petition for contempt with the trial court. On August 25, 1988, the court granted Shaw's petition and directed Appellants to, inter alia, allow Shaw to inspect all the documents set forth in the July 29 order. Appellants thereafter filed a notice of appeal to this Court; this appeal is docketed at 2090 C.D. 1988.*fn5 On September 2, 1988, Shaw filed a motion to quash Appellant's appeal of the August 25 order as interlocutory.*fn6

The issues before us are: (1) whether the trial court had subject matter jurisdiction under 15 Pa. C.S. § 7508 to enter a preliminary injunction and if so whether its issuance was proper;*fn7 and ...


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