March v. David

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JARRETT MARCH and KATIE MARCH,1 Petitioners BelowAppellants, v. DANTE DAVID and DIANE DAVID, Respondents BelowAppellees. § § § § § § § § § § § § § No. 615, 2010 Court Below Family Court of the State of Delaware in and for Sussex County File No. CS06-01158 Petition No. 10-01158 Submitted: October 11, 2010 Decided: October 14, 2010 Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices. ORDER This 14th day of October 2010, it appears to the Court that: (1) The petitioners-appellants, Jarrett March and Katie March, have petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Family Court dated August 26, 2010, ruling that the best interests of the child standard applies where the parental rights of the child s biological father have been terminated and the 1 The Court sua sponte assigned pseudonyms to the parties by Order dated September 27, 2010. Supr. Ct. R. 7(d). biological mother and stepfather have petitioned to modify visitation with the child s paternal grandparents pursuant to Del. Code Ann. tit. 13, §2413. (2) The petitioners filed their application for certification to take an interlocutory appeal in the Family Court on September 3, 2010. On October 7, 2010, the Family Court certified an appeal to this Court from its interlocutory order on the ground that the requirements of Rule 42 had been satisfied. (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 petitioners 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/ Henry duPont Ridgely Justice 2

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