Leatherbury v. Greenspun

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IN THE SUPREME COURT OF THE STATE OF DELAWARE CHARLES LEATHERBURY, Plaintiff Below, Appellant, v. BERTRAM GREENSPUN, M.D., Defendant Below, Appellee. § § § § § § § § § § § No. 310, 2006 Court Below: Superior Court of the State of Delaware in and for New Castle County C. A. No. 05C-08-059 Submitted: November 15, 2006 Decided: November 20, 2006 Before BERGER, JACOBS and RIDGELY, Justices. ORDER This 20th day of November, 2006, having considered the briefs and arguments of the parties, it appears to the Court that: 1) This is an appeal from an order of the Superior Court dismissing one of two defendants in a medical malpractice action. 2) At common law a judgment dismissing [an] action against one of several defendants jointly liable [is] not a final judgment. 1 1 Lightburn v. Delaware Power & Light Company, 158 A.2d 919, 922 (Del. 1960). 3) Appellant has made no attempt to comply with Supreme Court Rule 42, governing appeals from interlocutory orders. Accordingly, this Court lacks jurisdiction to consider this appeal.2 NOW, THEREFORE, IT IS ORDERED that the above-captioned action be, and the same hereby is, DISMISSED. BY THE COURT: /s/ Carolyn Berger Justice 2 Wilson v. Ritz Craft Corp., 1992 WL 115159 (Del. Supr.) -2-

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