Larkin v. DFS
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IN THE SUPREME COURT OF THE STATE OF DELAWARE SUSAN LARKIN,1 Respondent BelowAppellant, v. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH, AND THEIR FAMILIES, DIVISION OF FAMILY SERVICES, Petitioner BelowAppellee. § § § § § § § § § § § § § § No. 637, 2013 Court Below Family Court of the State of Delaware, in and for Sussex County File No. CS13-02798 Pet. No. 13-31332 Submitted: November 18, 2013 Decided: November 20, 2013 Before HOLLAND, BERGER, and JACOBS, Justices. ORDER This 20th day of November 2013, it appears to the Court that: (1) The respondent-appellant, Susan Larkin ( Mother ), has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Family Court dated October 28, 2013. The trial court s order continued emergency temporary custody of Mother s fourteen-year-old daughter with the Division of Family Services (DFS) and scheduled an adjudicatory hearing for Mother on November 18, 2013. 1 The Court assigned a pseudonym to the appellant pursuant to Supreme Court Rule 7(d). (2) Mother filed her application for certification to take an interlocutory appeal in the Family Court on November 5, 2013. The Family Court denied the certification application on November 15, 2013. (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/ Carolyn Berger Justice -2-
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