Opinion
No. 215, 2001.
June 18, 2001.
Appeal from the Superior Court of the State of Delaware, in and for New Castle County. C.A. No. 98C-02-170.
APPEAL REFUSED.
Unpublished Opinion is below.
FRANK L. SCHADT, III and Margaret Schadt, Defendants Below-Appellants, v. JANE E. LATCHFORD, Plaintiff Below-Appellee. No. 215, 2001. Supreme Court of Delaware. Submitted: June 13, 2001. Decided: June 18, 2001.
Court Below: Superior Court of the State of Delaware, in and for New Castle County. C.A. No. 98C-02-170.
Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices.
ORDER
This 18th day of June 2001, it appears to the Court that:
(1) The defendants below, Frank and Margaret Schadt, have petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from interlocutory orders entered by the Superior Court on April 11, 2001 and April 23, 2001. The April 11th decision denied the Schadts' motion for partial summary judgment on the issue of strict liability. The April 23rd decision denied the Schadts' motion for summary judgment on the issue of the constitutionality of Section 42-42 of Title 1 of the Wilmington City Code.
(2) On May 31, 2001, the Superior Court granted the Schadts' application to certify an interlocutory appeal on the issue of strict liability but denied their application to certify an interlocutory appeal on the issue of the constitutionality of Section 42-42.
(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.