No. 451, 2010.Supreme Court of Delaware.Submitted: August 6, 2010.
Decided: September 10, 2010.
Court Below-Court of Chancery of the State of Delaware, C.A. No. 5121.
Before HOLLAND, BERGER and JACOBS, Justices.
ORDER
CAROLYN BERGER, Justice.
This 10th day of September 2010, upon consideration of the submissions of the parties and the record below, it appears to the Court that:
(1) The plaintiff-appellant, James Arthur Biggins, has filed an appeal from a matter currently pending in the Court of Chancery.[1] For the reasons that follow, we conclude that the appeal is interlocutory and, therefore, must be dismissed.
(2) Our review of the record below reflects that, on February 25, 2010, Biggins filed a “petition for emergency preliminary injunctive relief” in the Court of Chancery in No. 5121. On July 20, 2010, the judicial case manager in the Court of Chancery notified Biggins that, in order for his case to proceed, he had to direct the Court of Chancery to prepare the appropriate summonses for service upon each defendant in the case. The case manager attached a form with instructions for Biggins to follow. The record does not reflect any further action, either by Biggins or by the Court of Chancery, after July 20, 2010. Biggins then filed this appeal. Biggins’ notice of appeal does not reference any final order of the Court of Chancery, nor has Biggins attached any final order of the Court of Chancery to his notice of appeal.
(3) The record reflects that a final order has not yet been issued by the Court of Chancery in No. 5121. As such, we conclude that Biggins’ appeal is interlocutory. Because Biggins has failed to comply with the procedural requirements of Rule 42 when taking an appeal from an apparent interlocutory order, we have no jurisdiction to consider his appeal.[2]
Therefore, Biggins’ appeal must be dismissed.[3]
NOW, THEREFORE, IT IS ORDERED that the within appeal is DISMISSED.[4]