Halko v. Cobb

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IN THE SUPREME COURT OF THE STATE OF DELAWARE MARITA HALKO, individually and as guardian ad litem of her minor, son, KARL T. HALKO, and KARL T. HALKO, individually, Defendant BelowAppellant, v. LINDA K. COBB, as guardian ad litem for her minor daughter JACLYN K. COBB, Plaintiff BelowAppellee. § § § § § § § § § § § § § § § § No. 410, 2001 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 99C-01-213 Submitted: September 6, 2001 Decided: September 13, 2001 Before WALSH, BERGER and STEELE, Justices. ORDER This 13th day of August 2001, it appears to the Court that: (1) The defendants below, Marita Halko and Karlo Halko, have petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory ruling of the Superior Court issued August 3, 2001. The Superior Court s ruling denied the defendants motion for summary judgment. The defendants had argued that the plaintiff s claim was barred by the applicable statute of limitations. (2) On September 4, 2001, the Superior Court denied the defendants application 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 ORDERED interlocutory appeal is REFUSED. BY THE COURT: Myron T. Steele Justice 2 that the within

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