William J. Wier, Jr., of Connolly, Bove & Lodge, Wilmington, for plaintiffs below, appellants.
Clement C. Wood, of Allmond & Wood, Wilmington, for General and Mercantile Underwriters Agency Corp., defendant below, appellee.
WOLCOTT, C.J., and CAREY and HERRMANN, JJ., sitting.
This is an appeal from an order of the Court of Chancery quashing service upon the appellee of summons, complaint, notice of deposition and subpoena duces tecum. The appellee has moved to dismiss the appeal.
The appellee asks for a preliminary hearing on its motion to dismiss the appeal, stating that the order below obviously is not an appealable one under Lightburn v. Delaware Power & Light Co., 2 Storey 415,158 A.2d 919 (1960). We disagree.
The Lightburn case is not dispositive of the motion. That appeal, apparently taken before certain interlocutory orders of the Superior Court were made appealable, [*] dealt with the appealability of a judgment of that Court which was found not to be a final judgment. In the instant appeal, the
order below may be appealable though found to be interlocutory, if substantial legal rights are determined. Compare Wagner v. Shanks, Del.,194 A.2d 701 (1963).
The appealability of an interlocutory order (if this be one) is best considered in the light of all of the issues raised by the appeal. Moreover, it has not been shown that the briefing of the merits of the ...