Daimler Chrysler Corporation v. Oakes

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DAIMLER CHRYSLER CORPORATION, Defendant BelowAppellant, v. ROBERT OAKES, JR., Plaintiff BelowAppellee. ' ' ' ' ' ' ' ' ' ' ' ' No. 138, 2000 Court BelowCSuperior Court of the State of Delaware, in and for New Castle County C.A. No. 99C-03-081 Submitted: April 3, 2000 Decided: April 11, 2000 Before VEASEY, Chief Justice, HOLLAND, and BERGER, Justices. ORDER This 11th day of April 2000, it appears to the Court that: (1) The defendant-appellant, Daimler Chrysler Corporation (ADaimler@), has petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory oral ruling rendered by the Superior Court on March 2, 2000. The Superior Court=s ruling denied the parties= cross-motions for summary judgment. The plaintiff-appellee, Robert Oakes, Jr., agreed with Daimler that leave to file an interlocutory appeal from the Superior Court=s ruling should be granted. (2) On March 30, 2000, the Superior Court granted Daimler=s unopposed petition 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/ Carolyn Berger Justice -2-

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