Opinion
No. 2, 2012 C.A. No. 10C-07-075
01-12-2012
AIR BASE CARPET MART, INC., a Delaware corporation, Defendant Below-Appellant, v. JOSEPH STAEDT and MARIE STAEDT, Plaintiffs Below-Appellees.
Court Below—Superior Court of the State of Delaware in and for New Castle County
Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices
ORDER
This 12th day of January 2012, it appears to the Court that:
(1) The defendant-appellant, Air Base Carpet Mart, Inc., has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from the interlocutory order of the Superior Court dated December 6, 2011, which denied Air Base's motion for summary judgment.
(2) Air Base filed its application for certification to take an interlocutory appeal in the Superior Court on December 14, 2011. On January 3, 2012, the Superior Court denied the application for certification on the ground that its decision neither determines a substantial issue nor establishes a legal right, as required under Supreme Court Rule 42.
(3) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, the Court has concluded that Air Base's application for interlocutory review fails to meet the requirements of Supreme Court Rule 42 and, therefore, should be refused.
NOW, THEREFORE, IT IS ORDERED that the interlocutory appeal is REFUSED.
BY THE COURT:
Myron T. Steele
Chief Justice