Bryant, S. v. Pottstown School District

• Court: Superior Court of Pennsylvania
• Decided: October 31, 2024
• Docket: 784 EDA 2024
• Status: Unpublished

Opinion

J-A25031-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

SHANICQUA BRYANT AND WILLIAM : IN THE SUPERIOR COURT OF LEFTENANT : PENNSYLVANIA : : v. : : : POTTSTOWN SCHOOL DISTRICT, : CHRISTINA COZART, SHERRI : No. 784 EDA 2024 MORRETT, SHANNON PIERCE : : : APPEAL OF: SHANICQUA BRYANT :

Appeal from the Order Entered January 23, 2024 In the Court of Common Pleas of Montgomery County Civil Division at No(s): 2023-18711

BEFORE: OLSON, J., DUBOW, J., and SULLIVAN, J.

JUDGMENT ORDER BY SULLIVAN, J. FILED OCTOBER 31, 2024

Upon review, this appeal arises from the Court of Common Pleas’s denial

of Appellant Shanicqua Bryant’s motion for a preliminary injunction to compel

the Pottstown School District to take, and refrain from taking, certain actions

vis-à-vis her minor son. See, e.g., Emergency Mot., 12/14/23, at 1-2; see

also Notice of Appeal, 2/20/24 (appealing from the order entered on January

23, 2024 denying Appellant’s emergency motion for a preliminary injunction).

This appeal falls within the appellate jurisdiction of the Commonwealth Court. 1

See Pa.R.A.P. 311(a)(4) (granting the right to file an interlocutory appeal

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1 This Court may sua sponte raise the issue of whether an appeal should be

transferred to the Commonwealth Court. See Smith v. Ivy Lee Real Estate, LLC, 152 A.3d 1062, 1065 (Pa. Super. 2016). J-A25031-24

from, inter alia, an order that denies an injunction); 42 Pa.C.S.A. § 762(a)(4)

(vesting jurisdiction in the Commonwealth Court over appeals from orders

entered by the Court of Common Pleas in matters involving local government

civil and criminal matters); see also West Chester Area School District v.

A.M., 164 A.3d 620, 632 (Pa. Cmwlth. 2017) (exercising jurisdiction over a

dispute involving a private party and a school district, concerning, as here, an

individualized education plan). Accordingly, we transfer this case to the

Commonwealth Court.

The Prothonotary is directed to strike this case from the argument list.

Appeal transferred.

Date: 10/31/2024

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