No. 253, 2005.Supreme Court of Delaware.Submitted: June 14, 2005.
Decided: June 23, 2005.
Court of Chancery of the State of Delaware in and for New Castle County, C.A. No. 20434.
Before HOLLAND, JACOBS and RIDGELY, Justices.
ORDER
Jack B. Jacobs, Justice.
This 23rd day of June 2005, it appears to the Court that:
(1) By order dated June 7, 2005, the Court of Chancery of the State of Delaware certified questions of law to this Court in accordance with Supreme Court Rule 41.
(2) Supreme Court Rule 41(a) provides, in part, that only questions of law may be certified to this Court for decision. Supr. Ct. R. 41(a)(i).
(3) The following questions have been certified by the Court of Chancery:
(a) In calculating the additional damages ordered by the Supreme Court for the period of 2005 through 2008, may or must the Court of Chancery hear additional evidence, not available at the time of trial, for the purpose of calculating Honeywell’s damages?
(b) May or must the Court of Chancery hear additional evidence, not available at the time of trial, for the purpose of quantifying Honeywell’s damages for the period of 2003 through 2005?
(4) The above questions do not present questions of law within the contemplation of Rule 41, but, rather, involve matters that are vested in the trial court’s sound discretion. Accordingly, the criteria for certification under Supreme Court Rule 41 are not satisfied in this particular case.
NOW, THEREFORE, IT IS ORDERED that the certification by the Court of Chancery of the State of Delaware is hereby REFUSED.