Achtermann, et al. v. Warrington
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IN THE SUPREME COURT OF THE STATE OF DELAWARE LISA A. ACHTERMANN, individually and as next friend of plaintiffs John M. Achtermann, III, and Ty Achtermann, JOHN M. ACHTERMANN, JR., her husband, individually and as next friend of plaintiffs John M. Achtermann, III and Ty Achtermann, JOHN M. ACHTERMANN, III a minor and TY ACHTERMANN, a minor, Plaintiffs BelowAppellants, v. OSCAR WARRINGTON, III and MARY WARRINGTON, Defendants BelowAppellees. § § § § § § § § § § § § § § § § § § § § No. 178, 2007 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 05C-04-198 Submitted: April 11, 2007 Decided: April 24, 2007 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 24th day of April 2007, it appears to the Court that: (1) The plaintiffs-appellants, the Achtermanns, have petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Superior Court dated March 22, 2007. The trial court s order granted the defendants-appellees motion for summary judgment. (2) The Achtermanns filed their application for certification to take an interlocutory appeal in the Superior Court on March 29, 2007. The Superior Court denied the certification application on April 10, 2007. (3) Applications for interlocutory review are addressed to the sound discretion of this Court. 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/ Jack B. Jacobs Justice -2-
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