Bailey v. Jackson

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IN THE SUPREME COURT OF THE STATE OF DELAWARE MICHAEL A. BAILEY,1 Petitioner Below, Appellant, v. JACKIE J. JACKSON, Respondent Below, Appellee. § § § § § § § § § § § No. 333, 2016 Court Below—Family Court of the State of Delaware File No. CN08-05031 Petition Nos. 13-38057, 14-05488, and 14-16798 Submitted: July 20, 2016 Decided: August 9, 2016 Before STRINE, Chief Justice; HOLLAND and SEITZ, Justices. ORDER This 9th day of August 2016, it appears to the Court that: (1) We have before us an application for interlocutory review of a Family Court order, dated May 10, 2016, denying Michael A. Bailey’s motion for discovery of an ex parte communication in visitation, rule to show cause, and custody proceedings. In a well-reasoned order dated June 30, 2016 and filed with this Court on July 20, 2016, the Family Court carefully considered the Rule 42(b) criteria and explained why interlocutory review was not warranted. 1 The Court previously assigned pseudonyms to the parties under Supreme Court Rule 7(d). (2) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, the Court has concluded, for the reasons stated by the Family Court, that the application for interlocutory review does not meet the requirements of Rule 42 and should be refused. NOW, THEREFORE, IT IS ORDERED that the interlocutory appeal is REFUSED. BY THE COURT: /s/ Leo E. Strine, Jr. Chief Justice 2