Opinion
Nos. 30, 1999, 171, 1999,.
August 31, 1999.
Appeal from the Chancery Court, New Castle County, CA 12055.
APPEAL DISMISSED
Unpublished Opinion is below.
K. KAY SHEARIN, Respondent Below-Appellant, v. THOMAS S. NEUBERGER, et al., Petitioners Below-Appellees. K. KAY SHEARIN, Respondent Below-Appellant, v. THOMAS S. NEUBERGER, Petitioner Below-Appellee. Nos. 30, 1999 and 171, 1999. Supreme Court of Delaware. Submitted: July 12, 1999. Decided: August 31, 1999.
Appeal from Court of Chancery of the State of Delaware, in and for New Castle County, C.A. No. 12055.
Before HOLLAND, Justice, QUILLEN, GEBELEIN, Judges (sitting pursuant to Del. Const. art. IV, § 12).
ORDER
This 31st day of August 1999, it appears to the Court that:
(1) On January 25, 1999, the appellant, K. Kay Shearin ("Shearin"), filed a notice of appeal in case No. 30, 1999 from two decisions of the Court of Chancery dated December 21, 1998 and January 6, 1999. The December 21st decision held Shearin and Delbert Jackson ("Jackson") in contempt and ordered them jointly to pay $18,330.80 in attorneys fees and costs for violating an earlier Court of Chancery order dated February 24, 1993. The January 6th ruling denied Shearin and Jackson's motion for reargument on the contempt finding.
(2) On April 23, 1999, Shearin filed a second notice of appeal in case No. 171, 1999 from an order of the Court of Chancery dated April 6, 1999. The April 6th order is a stipulation and agreement entered into by the petitioners below and Delbert Jackson regarding the petitioners' collection of the judgment against Jackson. The Court of Chancery signed the stipulation, which permitted Jackson to pay the judgment held by the petitioners in 60 monthly installments.
(3) On April 14, 1999, the appellees represented to this Court that they were prepared to move to vacate the judgment in the Court of Chancery entered in their favor against Shearin and to dismiss all claims against her. On May 5, 1999, both appeals were remanded to permit the Court of Chancery to act upon the appellees' motion to vacate the judgment against Shearin.
(4) The matter was returned from remand. The record reflects that the Court of Chancery granted the appellees' motion to vacate the judgment against Shearin on May 11, 1999 and denied Shearin's motion for reargument of that order on May 18, 1999. Accordingly, because the judgment of contempt against Shearin has been vacated and dismissed with prejudice, appeal No. 30, 1999 must be dismissed as there is no longer a justiciable controversy before this Court, i.e., there is no longer a final judgment extant from which Shearin can take an appeal. See Del. Const. art. IV, § 11; see also General Motors Corp. v. New Castle County, Del. Supr., 701 A.2d 819, 823 (1997).
(5) Furthermore, the appeal in No. 171, 1999 also must be dismissed. Shearin was not a party to the April 6, 1999 stipulation and order from which she seeks to appeal and, therefore, lacks standing to bring such an action. See Townsend v. Griffith, Del. Supr., 570 A.2d 1157, 1158 (1990).
NOW, THEREFORE, IT IS ORDERED that these appeals are hereby DISMISSED.
BY THE COURT:
/s/ Randy J. Holland, Justice