Thompson Homes, Inc. v. Tony Demeo Masonry
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IN THE SUPREME COURT OF THE STATE OF DELAWARE THOMPSON HOMES, INC., § § Defendant/Third-Party § Plaintiff Below, § Appellant, § § v. § § TONY DEMEO MASONRY, § § Third-Party Defendant Below, § Appellee. § No. 589, 2009 Court Below Superior Court of the State of Delaware in and for New Castle County C.A. No. 06C-10-075 Submitted: October 15, 2009 Decided: October 20, 2009 Before BERGER, JACOBS and RIDGELY, Justices. ORDER This 20th day of October 2009, upon consideration of the appellant s notice and supplemental notice of appeal from an interlocutory order, it appears to the Court that: (1) The appellant, Thompson Homes, Inc. ( Thompson ), was sued in the Superior Court for breach of a residential construction contract. Thompson, as a third party plaintiff, brought an action against several of the subcontractors associated with the construction, including Tony DeMeo Masonry ( DeMeo Masonry ). By order dated September 16, 2009, the Superior Court denied Thompson s motion to disqualify Rawle & Henderson, LLP as counsel for DeMeo Masonry. (2) Thompson has petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from the Superior Court s order denying its motion to disqualify. On October 13, 2009, the Superior Court denied Thompson s application for certification of an interlocutory appeal. (3) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in exceptional circumstances.* In the exercise of its discretion, the Court has concluded that exceptional circumstances as would merit interlocutory review of the Superior Court s order do not exist in this case. NOW, THEREFORE, IT IS HEREBY ORDERED that the interlocutory appeal is REFUSED. BY THE COURT: /s/ Jack B. Jacobs Justice * Del. Supr. Ct. R. 42(b), (d)(v). 2
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