O'Riley v. Rogers
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IN THE SUPREME COURT OF THE STATE OF DELAWARE SCOTT O RILEY, § § § § § § § § § § § Plaintiff BelowAppellant, v. SHAWN ROGERS, Defendant BelowAppellee. No. 493, 2011 Court Below Superior Court of the State of Delaware in and for Sussex County C.A. No. S08C-07-020 Submitted: September 15, 2011 Decided: September 21, 2011 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices ORDER This 21st day of September 2011, it appears to the Court that: (1) The plaintiff-appellant, Scott O Riley, has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from the interlocutory order of the Superior Court dated August 30, 2011, which granted the post-trial motion of the defendant-appellee, Shawn Rogers, for a new trial on the issue of damages. (2) O Riley filed his application for certification to take an interlocutory appeal in the Superior Court on September 1, 2011. On September 15, 2011, the Superior Court denied the application on the ground that the requirements of Rule 42 had not been met. (3) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, the Court has concluded that O Riley s application for interlocutory review does not meet the requirements of Supreme Court Rule 42 and, therefore, should be denied. NOW, THEREFORE, IT IS ORDERED that the interlocutory appeal is DENIED. BY THE COURT: /s/ Randy J. Holland Justice 2
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