Opinion
No. 141, 2013 C.A. No. N12C-05-008
03-28-2013
BELL HELICOPTER TEXTRON, INC., Defendant, Appellant, v. MARIA ALMA GUTIERREZ, individually, and as Representative of the Estate of Jonathan Gutierrez (deceased), Plaintiff, Appellee.
Court-Superior Court of
the State of Delaware in and for
New Castle County
(CONSOLIDATED)
Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices.
ORDER
This 28th day of March 2013, upon consideration of the notice and supplemental notice of interlocutory appeal, it appears to the Court that:
(1) On March 19, 2013, defendant/appellant, Bell Helicopter Textron, Inc. (hereinafter "Bell"), petitioned this Court pursuant to Supreme Court Rule 42 to accept an interlocutory appeal from the Superior Court's order of February 20, 2013 that denied Bell's motion to reopen under Superior Court Civil Rule 60(b). By order dated March 19, 2013, the Superior Court denied Bell's application for certification.
(2) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in exceptional circumstances. Having examined the transcript of the February 19, 2013 hearing held on Bell's motion to reopen, the February 20, 2013 order denying the motion to reopen, the underlying November 30, 2012 opinion denying Bell's motion to dismiss for forum non conveniens, and the criteria set forth in Supreme Court Rule 42, we have concluded that exceptional circumstances meriting interlocutory review do not exist in this case.
NOW, THEREFORE, IT IS HEREBY ORDERED that the interlocutory appeal is REFUSED.
BY THE COURT:
Henry duPont Ridgely
Justice