Wilmington Hospitality LLC v. Republic Bank
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IN THE SUPREME COURT OF THE STATE OF DELAWARE WILMINGTON HOSPITALITY, LLC, § § Plaintiff Below§ Appellant, § § v. § § REPUBLIC BANK, § § Intervenor-Plaintiff Below§ Appellee. § No. 225, 2001 Court Below Court of Chancery of the State of Delaware, in and for New Castle County C.A. No. 18436-NC Submitted: May 14, 2001 Decided: May 24, 2001 Before VEASEY, Chief Justice, HOLLAND, and BERGER, Justices. ORDER This 24th day of May 2001, it appears to the Court that: (1) The plaintiff below, Wilmington Hospitality, LLC ( WH ), has petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory ruling of the Court of Chancery dated April 12, 2001. The Court of Chancery s ruling denied WH s motion to enforce a settlement agreement, which WH contends that it had entered into with the intervenor-plaintiff below, Republic Bank. The defendant in the underlying action below, New Castle County, has not been named as a party to this appeal. (2) On May 10, 2001, in a well-reasoned, seven-page order, the Court of Chancery refused 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/ E. Norman Veasey Chief Justice -2-
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