F. Tropea Building Contractor v. River Asphalt, LLC
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IN THE SUPREME COURT OF THE STATE OF DELAWARE F. TROPEA BUILDING CONTRACTOR, LLC, a Delaware Limited Liability Company, HOLIDAY PARK, LLC, a Pennsylvania Limited Liability Company, Defendants BelowAppellants, v. RIVER ASPHALT, LLC, Intervenor BelowAppellee. § § § § § § § § § § § § § § § § No. 402, 2010 Court Below Superior Court of the State of Delaware in and for Sussex County C.A. No. S06L-12-036 Submitted: July 9, 2010 Decided: July 15, 2010 Before HOLLAND, BERGER and JACOBS, Justices ORDER This 15th day of July 2010, it appears to the Court that: (1) The defendants-appellants, F. Tropea Building Contractor, LLC, and Holiday Park, LLC (the appellants ), have petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from the interlocutory order of the Superior Court dated June 4, 2010, which permitted the intervenor-appellee, River Asphalt, LLC, to intervene in Superior Court C.A. No. S06L-12-036. (2) The appellants filed their application for certification to take an interlocutory appeal in the Superior Court on June 18, 2010. On July 7, 2010, the Superior Court denied the certification application on the ground that the requirements of Supreme Court Rule 42 had not been met. (3) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, the Court has concluded that the appellants application for interlocutory review fails to meet the requirements of Supreme Court Rule 42 and, therefore, should be refused. NOW, THEREFORE, IT IS ORDERED that the interlocutory appeal is REFUSED. BY THE COURT: /s/ Carolyn Berger Justice 2
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