Argo Global v. Watchmark Corp.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ARGO GLOBAL CAPITAL, LLC, GSM CAPITAL LIMITED PARTNERSHIP, and ARGC II, LLC, Defendants/Counterclaim and Third Party Claim Plaintiffs BelowAppellants, v. WATCHMARK CORP., a Delaware corporation, Plaintiff/Counterclaim Defendant BelowAppellee, and WATCHMARK ACQUISITION CORP., a Delaware corporation, JOHN HANSEN, GERALD POCH, RALPH FAISON, and T. MARK MAYBELL, Third Party Claim Defendants BelowAppellees. § § § § § § § § § § § § § § § § § § § § § § § § § § § § No. 494, 2004 Court Below Court of Chancery of the State of Delaware, in and for New Castle County C.A. No. 711-N Submitted: November 16, 2004 Decided: November 23, 2004 Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices. ORDER This 23rd day of November 2004, it appears to the Court that: (1) The defendants below, ARGO Global Capital, LLC, GSM Capital Ltd. Partnership, and ARGC II, LLC (collectively, ARGO ), have petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory ruling of the Court of Chancery dated November 4, 2004. The Court of Chancery s ruling refused ARGO s petition to enjoin plaintiff WatchMark s merger with Watchmark Acquisition Corp. (WAC) and also granted summary judgment against ARGO on four of its five counterclaims. (2) On November 15, 2004, the Court of Chancery denied ARGO s 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. -2- NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal is REFUSED. BY THE COURT: /s/ Henry duPont Ridgely Justice -3- oc: xc: Clerk (+3) Hon. William Chandler Kurt M. Heyman, Esq. Peter B. Ladig, Esq. Patricia L. Enerio, Esq. Justices (8) D. Collins P. Naylor Law Clerk File/Notebook -4-

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