IN THE SUPREME COURT OF THE STATE OF DELAWARE RABSPAN, INC., STATEWIDE PLUMBING, SANTOS CARPENTRY CO., INC., and KAPPLER CONTRUCTION CO., Defendants BelowAppellants, v. THE RYLAND GROUP, INC., Plaintiff BelowAppellee. § § § § § § § § § § § § § §
Nos. 418, 2004; 426, 2004; 427, 2004; and 436, 2004
Court Below—Superior Court of the State of Delaware, in and for New Castle County C.A. No. 00C-09-056
Submitted: October 26, 2004 Decided: November 8, 2004 Before HOLLAND, BERGER, and JACOBS, Justices. ORDER This 8th day of November 2004, it appears to the Court that: (1) The defendants-appellants each have petitioned this Court, pursuant
to Supreme Court Rule 42, to appeal from interlocutory orders of the Superior Court dated August 31, 2004 and September 9, 2004. The August 31, 2004 order granted, in part, the plaintiff-appellee’s motion for reargument of the Superior Court’s grant of summary judgment to defendants on plaintiff’s claim for contribution. The September 9, 2004 order denied the defendants’ motion for reargument on the Superior Court’s grant of reargument.
(2)
On October 15, 2004, as modified by its October 20, 2004 order,
the Superior Court denied the defendants’ respective applications to certify interlocutory appeals to this Court. The Superior Court held that its denial of summary judgment to defendants on plaintiff’s claim for contribution did not meet the criteria for interlocutory review. (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
applications for interlocutory review do not meet the requirements of Supreme Court Rule 42(b) and should be refused. NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeals are REFUSED. BY THE COURT:
/s/ Carolyn Berger Justice
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