Capano v. Fahey-Hosey
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IN THE SUPREME COURT OF THE STATE OF DELAWARE THOMAS CAPANO, Defendant BelowAppellant, v. KATHLEEN FAHEY-HOSEY, individually and as Administratrix of the Estate of Anne Marie Fahey, ROBERT FAHEY, JR., individually and as Administrator of the Estate of Anne Marie Fahey, KEVIN FAHEY, BRIAN FAHEY, and JOHN MARK FAHEY, ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' No. 530, 2000 Court BelowCSuperior Court of the State of Delaware, in and for New Castle County C.A. No. 98C-06-299 Plaintiffs BelowAppellees. Submitted: December 20, 2000 Decided: December 21, 2000 Before VEASEY, Chief Justice, WALSH, and STEELE, Justices. ORDER This 21st day of December 2000, it appears to the Court that: (1) The defendant below, Thomas Capano, has petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory ruling of the Superior Court dated October 19, 2000. The Superior Court=s ruling granted the plaintiffs= motion for summary judgment on the wrongful death count of their complaint based on the doctrine of collateral estoppel. Trial in the case is scheduled to begin January 8, 2001. (2) On December 20, 2000, the Superior Court refused 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. BY THE COURT: /s/ E. Norman Veasey Chief Justice -2-
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