Speidel v. St. Francis Hospital, Inc. et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE FRANCIS X. SPEIDEL, M.D, and DOREEN E. SPEIDEL, Plaintiffs BelowAppellants, v. ST. FRANCIS HOSPITAL, INC. and CATHOLIC HEALTH INITIATIVES-EASTERN, Defendants BelowAppellees. § § § § § § § § § § § § § § No. 455, 2002 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 98C-05-227 Submitted: August 6, 2002 Decided: August 12, 2002 Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices. ORDER This 12th day of August 2002, it appears to the Court that: (1) The plaintiffs below, Dr. Francis Speidel and his wife Doreen, have petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory order of the Superior Court decided January 20, 2002 and reissued July 11, 2002. The Superior Court s ruling denied both the plaintiffs Motion to Enforce Settlement Agreement, for Sanctions and for Damages as well as the defendant s Motion for Judicial Intervention in Case Sent to Stipulated Arbitration and for Costs. (2) On July 31, 2002, the Superior Court denied the plaintiffs 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 HEREBY ORDERED that the within interlocutory appeal is REFUSED. BY THE COURT: s/Joseph T. Walsh Justice -2-

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