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Anderson v. Smith

Supreme Court of Delaware

February 12, 2014

Michael ANDERSON,[1] Respondent Below-Appellant,
v.
Taylor SMITH, Petitioner Below-Appellee.

Submitted: Feb. 4, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below— Family Court of the State of Delaware, in and for Kent County, File No. CK10-01095, Petition No. 13-00091.

Before HOLLAND, JACOBS, and RIDGELY, Justices.

ORDER

HENRY duPONT RIDGELY, Justice.

This 12th day of February 2014, it appears to the Court that:

(1) The respondent below, Michael Anderson, has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Family Court dated January 2, 2014. The trial court's order disqualified Anderson's father, a full-time Deputy Attorney General, from representing his son in a custody dispute.

(2) Anderson filed his application for certification to take an interlocutory appeal in the Family Court on January 15, 2014. The Family Court granted the certification application on January, 29, 2014, holding that its order met the criteria for certification under Supreme Court Rule 41(b)(iii) because the disqualification order construed a statute that has not previously been addressed by this Court. Although the Family Court granted the application for certification because it met " the technical requirements of Rule 42," the trial judge expressed doubt whether important and urgent reasons exist under Rule 41(b) to justify an immediate determination of the issue by this Court.

(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.


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