January 14, 2014
ODESSA NATIONAL GOLF COURSE, LLC, a Delaware limited liability company, Plaintiff Below, Appellant,
Ronald R. and Carol A. GRANTLAND, et al., Defendants/Counterclaim Plaintiffs Below, Appellees,
Odessa National Golf Course, LLC, a Delaware limited liability company, et al., Counterclaim Defendants.
Submitted: Jan. 6, 2014.
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 New Castle County, C.A. No. N10C-10-232.
Before BERGER, JACOBS, and RIDGELY, Justices.
JACK B. JACOBS, Justice.
This 14th day of January 2014, it appears to the Court that:
(1) The plaintiff below, Odessa National Golf Course (" Odessa" ) filed a notice of interlocutory appeal, pursuant to Supreme Court Rule 42, from orders of the Superior Court dated November 1, 2013 and December 6, 2013. The November 1st order denied Odessa's motion for summary judgment, and the December 6th order denied Odessa's motion for reargument. The defendants/counterclaim plaintiffs below filed a notice of cross-appeal from the same interlocutory orders, which also denied their motion for partial summary judgment and their motion for reargument.
(2) The parties filed their respective, unopposed applications for certification to take an interlocutory appeal in the Superior Court on December 16, 2013. The Superior Court denied the certification applications on January 2, 2014.
(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 neither application for interlocutory review meets the requirements of Supreme Court Rule 42(b), and both should be refused.
NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal and cross-appeal are REFUSED.