Allen Family Foods, Inc. v. Mitchell, et al.
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IN THE SUPREME COURT OF THE STATE OF DELAWARE
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Defendant Below§
Appellant,
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v.
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AMANDA L. MITCHELL,
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Individually and as Administratrix of §
the Estate of HERBERT L.
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MITCHELL, deceased, STACIE L.
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MITCHELL and SARA A.
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MITCHELL,
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Plaintiffs Below§
Appellees.
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ALLEN FAMILY FOODS, INC., a
Delaware corporation,
No. 270, 2013
Court Below─Superior Court
of the State of Delaware
in and for New Castle County
C.A. No. 10C-06-005
Submitted: May 22, 2013
Decided: May 29, 2013
Before STEELE, Chief Justice, HOLLAND and BERGER, Justices
ORDER
This 29th day of May 2013, it appears to the Court that:
(1)
The defendant-appellant, Allen Family Foods, Inc., has
petitioned this Court, pursuant to Supreme Court Rule 42, to accept an
appeal from the interlocutory order of the Superior Court dated April 24,
2013, which ruled that Herbert L. Mitchell, deceased, was not an employee
of Allen Family Foods at the time of the incident leading to his death and
that, therefore, his administratrix could proceed with a tort action against
Allen Family Foods.
(2)
The appellant filed its application for certification to take an
interlocutory appeal in the Superior Court on May 6, 2013. On May 21,
2013, the Superior Court denied the certification application on the ground
that the requirements of Supreme Court Rule 42 had not been met.
(3)
Applications for interlocutory review are addressed to the
sound discretion of this Court. In the exercise of its discretion, the Court has
concluded that the appellant’s application for interlocutory review does not
meet the requirements of Supreme Court Rule 42 and, therefore, should be
refused.
NOW, THEREFORE, IT IS ORDERED that the interlocutory appeal
is REFUSED.
BY THE COURT:
/s/ Randy J. Holland
Justice
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