Barlow, et al. v. Finegan, et al.
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IN THE SUPREME COURT OF THE STATE OF DELAWARE § § § § § § § § Plaintiffs Below§ Appellants, § § v. § § MICHAEL P. FINEGAN, DANA M. § FINEGAN, and MICHAEL P. § FINEGAN, JR., § § Defendants Below§ Appellees. § ANGELA M. BARLOW and JOHN BARLOW, JR., wife and husband, and ANGELA M. BARLOW, as Next Friend of JOHN BARLOW, III, a minor, and DAWN LOCKE, as Next Friend of KIMBERLY FOTH, a minor, No. 247, 2012 Court Below Superior Court of the State of Delaware in and for New Castle County C.A. No. N11C-04-237 Submitted: May 8, 2012 Decided: May 22, 2012 Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices ORDER This 22nd day of May 2012, it appears to the Court that: (1) The plaintiff-appellant, Dawn Locke, as Next Friend of Kimberly Foth, a minor (the appellant ), has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from the interlocutory order of the Superior Court dated April 27, 2012, which denied the appellant s motion for reargument of its March 2, 2012 order granting the appellees motion to enforce a settlement agreement. (2) The appellant filed her motion for certification to take an interlocutory appeal in the Superior Court on March 6, 2012. On April 27, 2012, the Superior Court denied the application for certification of an interlocutory appeal on the ground that the requirements of Supreme Court 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 the appellant s interlocutory appeal fails to meet the requirements of Supreme Court Rule 42 and, therefore, must be refused. NOW, THEREFORE, IT IS ORDERED that the interlocutory appeal is REFUSED. BY THE COURT: /s/ Henry duPont Ridgely Justice 2
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