January 2, 2014
Gordon SMITH, Plaintiff Below-Appellant,
DELAWARE STATE POLICE and Unknown Family Court Employee, Defendants Below-Appellees.
Submitted: Dec. 24, 2013.
This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.
Court Below— Superior Court of the State of Delaware, in and for Kent County, C.A. No. 12C-01-016.
Before HOLLAND, BERGER, and JACOBS, Justices.
CAROLYN BERGER, Justice.
This 2nd day of January 2014, it appears to the Court that:
(1) The plaintiff-appellant, Gordon Smith, has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Superior Court, dated October 21, 2013, which dismissed in part his complaint against an unidentified Family Court employee and granted a protective order barring any discovery regarding the unidentified defendant.
(2) Smith filed an untimely application for certification to take an interlocutory appeal in the Superior Court on November 5, 2013. The Superior Court granted the certification application on November 20, 2013. Smith, however, failed to file a supplemental notice of appeal within ten days of the Superior Court's action as required by Supreme Court Rule 42(d)(iii).
(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.