Catholic Diocese of Wilmington, Inc.,et al. v. Heaney

 Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE CATHOLIC DIOCESE OF WILMINGTON, INC., a Delaware corporation, ST. MARY MAGDALEN ROMAN CATHOLIC CHURCH, a Delaware corporation, and EDWARD F. DUDZINSKI, Defendants BelowAppellants, v. WILLIAM J. HEANEY, as personal representative of the Estate of Kevin C. Heaney, Plaintiff BelowAppellee. § § § § § § § § § § § § § § § § § § No. 337, 2009 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 08C-11-097 Submitted: June 10, 2009 Decided: June 29, 2009 Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices. ORDER This 29th day of June 2009, it appears to the Court that: (1) The defendants-appellants have petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Superior Court dated May 11, 2009. The Superior Court s order granted in part and denied in part the defendants motion to dismiss the plaintiff s complaint. The trial court dismissed plaintiff s wrongful death action but allowed plaintiff to proceed with a survival action. (2) Defendants filed their application for certification to take an interlocutory appeal in the Superior Court on May 21, 2009. The Superior Court denied the certification application on June 4, 2009. (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 be REFUSED. BY THE COURT: /s/ Henry duPont Ridgely Justice -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.