Pennington & Todd v. Scioli

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IN THE SUPREME COURT OF THE STATE OF DELAWARE RACHEL PENNINGTON and KENDRA TODD, Plaintiffs BelowAppellants, v. DOMINICK SCIOLI, Defendant BelowAppellee. § § § § § § § § § § § § No. 376, 2011 Court Below Superior Court of the State of Delaware, in and for Kent County C.A. No. 07C-11-021 Submitted: July 27, 2011 Decided: August 12, 2011 Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices. ORDER This 12th day of August 2011, it appears to the Court that: (1) The plaintiffs-appellants have petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from interlocutory orders of the Superior Court dated February 16, 2011 and June 29, 2011. The February order granted the defendant s motion for a new trial. The June order denied the plaintiffs motion for reargument of the February order. (2) The plaintiffs filed their application for certification to take an interlocutory appeal in the Superior Court on July 8, 2011. The Superior Court denied the certification application on July 25, 2011. (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/ Henry duPont Ridgely Justice -2-

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