Opinion
Docket No. 7, 1999.
March 8, 1999.
Appeal from Superior Court, New Castle County, CA 97C-11-224.
APPEAL REFUSED.
Unpublished Opinion is below.
JEFFREY A. MAESTAS, Defendant Below-Appellant, v. DENISE SZOSTKOWSKI and LAWRENCE DeNISIO, as Administrator of the Estate of Joanna Szostkowski, Deceased, Plaintiffs Below-Appellees. No. 7, 1999. In the Supreme Court of the State of Delaware. Submitted: March 4, 1999. Decided: March 8, 1999.
Court Below — Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 97C-11-224.
Before HOLLAND, HARTNETT, and BERGER, Justices.
ORDER
This 8th day of March 1999, it appears to the Court that:
(1) The defendant-appellant, Jeffrey Maestas, has petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory bench ruling announced by the Superior Court on December 10, 1998. The Superior Court's December 10th ruling denied Maestas' motion for summary judgment on the issue of whether Maestas and the decedent, Joanna Szostkowski, were within the course and scope of their employment at the time of the automobile accident at issue in this wrongful death action. The plaintiffs have filed a motion to dismiss Maestas' interlocutory appeal.
(2) On January 15, 1999, the Superior Court refused to certify an interlocutory appeal to this Court.
(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. Plaintiffs' motion to dismiss is moot.
BY THE COURT:
/s/ Maurice A. Hartnett, III, Justice