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Turner v. Johnson

Supreme Court of Delaware

April 4, 2014

MASON E. TURNER, JR. and PRICKETT, JONES & ELLIOTT, P.A., Defendants Below-Appellants,
v.
TIRESE JOHNSON, a minor child, by and through his Guardian Ad Litem, JOHN S. SPADARO, Plaintiff Below-Appellees

Submitted March 25, 2014

Case Closed April 4, 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-01-119.

Before HOLLAND, BERGER, and RIDGELY, Justices.

OPINION

Carolyn Berger, Justice

ORDER

This 4th day of April 2014, it appears to the Court that:

(1) The defendants-appellants have petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Superior Court, dated February 17, 2014, which denied their motion to dismiss the plaintiff's complaint against them.

(2) The defendants filed their application for certification to take an interlocutory appeal in the Superior Court on February 27, 2014. The Superior Court granted the certification application on March 25, 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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