Carnevale v. Godwin

Full title: RITA CARNEVALE, Appellant, v. PATRICIA GODWIN, Appellee

Court: Superior Court of Delaware, New Castle County

Date published: Sep 4, 2008

C.A. No. 07A-11-001 FSS (Del. Super. Ct. Sep. 4, 2008)

Opinion

C.A. No. 07A-11-001 FSS.

Submitted: August 11, 2008.

Decided: September 4, 2008.

ORDER

1. This is a, pro se, appeal from the denial of a default judgment by the Court of Common Pleas.

2. This appeal was filed before the case was finally decided. Therefore,

the appeal is interlocutory.¹

1 See Castaldo v. Pittsburgh — Des Moines Steel Co., 301 A.2d 87 (Del. 1973) (holding that "the appealability of an interlocutory order is that it must determine a substantial issue and establish a legal right").

3. The decision to grant or deny a motion for default judgment is within

the trial court's discretion, ² and it is not subject to interlocutory appeal.³

2 Pinkett v. Nationwide Mut. Ins. Co., 832 A.2d 747 (Del.Super. 2003).

3 See Delafield's Inc. v. Avian Aquatics, Inc., 1999 WL 463814 (Del.Super. May 18, 1999).

4. The appeal is DISMISSED, without prejudice to Appellant's raising it again after the Court of Common Pleas enters final judgment, but not before then.

5. The case is remanded so that it can be returned to the Court of Common Pleas trial calendar and finally decided by the Court of Common Pleas.

IT IS SO ORDERED.