Duthie, et al. v. Kohls
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IN THE SUPREME COURT OF THE STATE OF DELAWARE ANGUS M. DUTHIE, MARK D. § LERDAL, GERALD R. ALDERSON§ and CHARLES CHRISTENSON, § § Defendants Below, § Appellants, § § and § § KENETECH CORPORATION, § § Nominal Defendant Below, § Appellant, § § v. § § ROBERT L. KOHLS and § LOUISE A. KOHLS, § § Plaintiffs Below, § Appellees. § No. 412, 2000 Submitted: August 24, 2000 Decided: August 29, 2000 ORDER Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices. This 29th day of August 2000, it appears to the Court that: (1) The defendants-appellants, Angus M. Duthie, Mark D. Lerdal, Gerald R. Alderson, Charles Christenson, and Kenetech Corporation, have petitioned this Court, pursuant to Supreme Court Rule 42. They seek to appeal from the Court of Chancery s July 26, 2000 interlocutory Memorandum Opinion and Order denying the defendants-appellants motion to dismiss. (2) On August 23, 2000, the Court of Chancery refused to certify an interlocutory appeal to this Court pursuant to Rule 42. (3) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in exceptional circumstances.* (4) We have examined the Court of Chancery s July 26, 2000 decision according to the criteria set forth in Rule 42. In the exercise of its discretion, this Court has concluded that exceptional circumstances do not exist in this case to merit interlocutory review of the decision of the Court of Chancery. NOW, THEREFORE, IT IS ORDERED that the within interlocutory appeal be, and the same hereby is, REFUSED. The motion to stay is moot. BY THE COURT: /s/ Randy J. Holland Justice * Supr. Ct. R. 42(b). 2
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