Mahani v. Walls.

Annotate this Case

Download PDF

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY PARVIZ MAHANI & MARIAM SALEH, Plaintiffs, v. JENNIFER WALLS As Administratrix of the Estate of JOHN F. FIELDS, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) C.A. No. 97C-10-139 Date Submitted: August 23, 2001 Date Decided: September 21, 2001 ORDER UPON DEFENDANT S MOTION FOR COSTS DENIED WITHOUT PREJUDICE On this 21st day of September, 2001, upon consideration of Defendant s Motion for Costs filed by Jennifer Walls, as Administratrix of the Estate of John F. Field, ( Defendant ), the Opposition filed by Parviz Mahani and Mariam Saleh ( Plaintiffs ), and the record, it appears to the Court that: Mahani v. Walls C.A. No. 97C-10-139 September 21, 2001 Page 2 (1) This is a personal injury claim arising out of an automobile accident that occurred on December 15, 1995. Neither negligence nor proximate cause was conceded by Defendant. On July 20, 2001, a jury rendered a verdict that Defendant was not negligent. On September 21, 2001, this Court granted Plaintiff s Motion for a New Trial. (2) Delaware Courts have held that an order granting a new trial is an interlocutory order.1 An interlocutory order or decree is one which does not finally determine a cause of action but only decides some intervening matter pertaining to the cause, and which requires further steps to be taken in order to enable the court to adjudicate the cause on the merits. 2 Whereas no final judgment has been entered in this case, Defendant s Motion for Costs is premature and is hereby DENIED WITHOUT PREJUDICE. IT IS SO ORDERED. ________________________________ ALFORD, J. Original: Prothonotary s Office - Civil Div. 1 5.97752 Acres of Land in New Castle County v. State, Del. Supr., 202 A.2d 924, 92526 (1964); Miller v. Suburban Propane Gas Corp., Del. Supr., 565 A.2d 913, 914 (1989); Katcher v. Martin, Del. Supr., 597 A.2d 352, 353 (1991). 2 Black s Law Dictionary 815 (6th ed. 1990).

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.