Opinion
No. 65, 2003
Submitted: February 6, 2003
Decided: February 13, 2003
Court Below-Superior Court of the State of Delaware, in and for Sussex County C.A. No. 02C-08-007
Appeal refused.
Unpublished opinion is below.
JOHN M. MERVINE, SR., Defendant Below-Appellant, v. JOHN W. LOGAN and SANDRA M. LOGAN, Plaintiffs Below-Appellees. No. 65, 2003 In the Supreme Court of the State of Delaware. Submitted: February 6, 2003 Decided: February 13, 2003
Before VEASEY, Chief Justice, BERGER, and STEELE, Justices.
Carolyn Berger, Justice
ORDER
This 13th day of February 2003, it appears to the Court that:
(1) The defendant below, John M. Mervine, has petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory ruling of the Superior Court dated January 7, 2003. The Superior Court's ruling denied Mervine's motion to dismiss the plaintiffs' complaint on the ground of res judicata.
(2) On February 5, 2003, the Superior Court denied Mervine's application to certify an interlocutory appeal to this Court.
(3) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in extraordinary cases.
(4) 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 is REFUSED.