Summary
refusing interlocutory appeal of trial court's forum non conveniens stay and denial of certification
Summary of this case from GXP Capital, LLC v. Argonaut Mfg.Opinion
No. 164, 2003.
Submitted: April 23, 2003.
Decided: May 7, 2003.
Court Below-Superior Court of the State of Delaware, in and for New Castle County C.A. No. 02-11-115
Before HOLLAND, BERGER, and STEELE, Justices.
Appeal dismissed.
Unpublished opinion is below.
H. BEATTY CHADWICK, Plaintiff Below-Appellant, v. METRO CORP., a Pennsylvania corporation, CHRISTOPHER MCDOUGALL, and BARBARA CHADWICK a/k/a BARBARA APPLEGATE, Defendants Below-Appellees. No. 164, 2003. Supreme Court of Delaware. Submitted: April 23, 2003. Decided: May 7, 2003.
ORDER
This 7th day of May 2003, it appears to the Court that:
(1) The plaintiff below, H. Beatty Chadwick, has petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from three interlocutory orders of the Superior Court, all dated February 24, 2003. The first two orders dismissed Chadwick's complaint against the individual defendants, Christopher McDougall and Barbara Applegate. The third order granted Metro Corp.'s motion to stay the proceedings until August 24, 2003.
(2) On April 9, 2003, the Superior Court denied Chadwick's application to certify an interlocutory appeal to this Court. The Court also denied Chadwick's motion for entry of final judgment under Superior Court Civil 54(b), without prejudice to Chadwick's right to renew the motion upon expiration of the Superior Court's stay order.
(3) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in extraordinary cases.
(4) In the exercise of its discretion, this Court has concluded that the application for interlocutory review does not meet the requirements of Supreme Court Rule 42(b) and should be refused.
NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal is REFUSED.