Opinion
No. 67, 2012
03-13-2012
UNITED WATER DELAWARE, INC., Defendant Below-Appellant, v. JOEL BROWN and IRIS BROWN, husband and wife, Plaintiffs Below-Appellees.
Court Below—Superior Court of the State of Delaware,
in and for New Castle County C.A. No. 07C-07-070
Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.
ORDER
This 13th day of March 2012, it appears to the Court that:
(1) The defendant-appellant, United Water Delaware, Inc., has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from several interlocutory orders of the Superior Court, the most recent order dated January 27, 2012. The effect of the trial court's rulings was to exclude testimony regarding causation from both the plaintiff's expert as well as from the defendant's rebuttal expert. The trial court also permitted the plaintiffs additional time to identify a new expert.
(2) The defendant filed its application for certification to take an interlocutory appeal in the Superior Court on February 6, 2012. The Superior Court denied the certification application on March 1, 2012 with a corrected order filed on March 6, 2012.
(3) Applications for interlocutory review are addressed to the sound discretion of this Court. 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 be REFUSED.
BY THE COURT:
Randy J. Holland
Justice