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Gatz Props., LLC v. Preston

Supreme Court of Delaware

March 18, 2014

GATZ PROPERTIES LLC and WILLIAM A. GATZ, Plaintiffs Below-Appellants,
v.
THOMAS P. PRESTON, ESQ., RONALD J. FISCHER, ESQ., MILLCREST LAW LLP, STEVEN CAPONI, ESQ. and BLANK ROME LLP, Defendants Below-Appellees

Submitted March 11, 2014

Case Closed March 18, 2014.

Editorial Note:

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. N13C-02-089.

Before HOLLAND, BERGER, and JACOBS, Justices.

OPINION

Carolyn Berger, Justice

ORDER

This 18th day of March 2014, it appears to the Court that:

(1) The plaintiffs-appellants, Gatz Properties LLC and William A. Gatz, have petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Superior Court, dated February 11, 2014, which denied the appellants' motion to compel production of documents.

(2) The appellants filed their application for certification to take an interlocutory appeal in the Superior Court on February 20, 2014. The Superior Court denied the certification application on March 10, 2014 and issued a revised order denying the certification application on March 11, 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 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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