Opinion
No. 9, 2002
Decided: January 17, 2002
Court of Chancery New Castle County C.A. No. 17706
Appeal Refused
Unpublished Opinion is below.
JOHN H. CRIBB, ROBERT A. GOODMAN, RAJ REDDY, FRANK BRICK, and NORTON ROSE, Defendants Below-Appellants, v. TELXON CORPORATION, Plaintiff Below-Appellee. No. 9, 2002 Supreme Court of the State of Delaware. Decided: January 17, 2002
Before VEASEY, Chief Justice, BERGER, and STEELE, Justices.
ORDER
This 17th day of January 2002, it appears to the Court that:
(1) The defendants-appellants have petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Court of Chancery dated December 6, 2001. The Court of Chancery's decision denied the defendants' motion to dismiss an amended complaint filed by the plaintiff-appellee, Telxon Corporation.
(2) The defendants filed their application for certification to take an interlocutory appeal in the Court of Chancery on December 17, 2001. The Court of Chancery found that the application for certification did not meet the requirements of Supreme Court Rule 42 and denied certification.
(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 should be denied.
NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal be REFUSED.