No. 125, 2006.Supreme Court of Delaware.Submitted: April 26, 2006.
Decided: July 7, 2006.
C.A. No. 03C-12-038.
Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices.
ORDER
MYRON T. STEELE, Chief Justice.
This 7th day of July 2006, it appears to the Court that:
(1) Plaintiff-below, Gabriel G. Atamian, has filed a petition seeking a writ of mandamus and a writ of prohibition. He has also moved to supplement and correct the petition. Defendants-below, Michael J. Ryan, DDS (Ryan), and Becden Dental Laboratory (Becden), have each filed a motion to dismiss.
(2) In December 2003, Atamian filed a complaint in the Superior Court against Ryan and Becden. In his petition for a writ of mandamus and prohibition, Atamian requests that the Court review a Superior Court order that denied his motion for an evidentiary hearing and a letter that the court sent to the parties regarding the posture of the litigation.
(3) A writ of mandamus and a writ of prohibition are “coercive orders [that are] used to grant relief when the traditional appeal route is unavailable or will not provide an adequate remedy at law.”[1] When seeking a writ of mandamus, the petitioner must demonstrate that the trial court has arbitrarily failed or refused to perform a duty.[2] When seeking a writ of prohibition, the petitioner must demonstrate that the trial court is without jurisdiction or is attempting to exceed its jurisdiction.[3]
(4) Neither mandamus nor prohibition relief is warranted in this case. Atamian has not demonstrated that the Superior Court has failed or refused to perform a duty owed to him or that the court has exceeded its jurisdiction.
(5) Furthermore, an extraordinary writ is inappropriate in this case because Atamian has an adequate remedy at law,[4] i.e., appellate review, should Atamian choose to appeal the Superior Court’s final decision.[5] It is fundamental that the appellate jurisdiction of this Court rests upon the perfecting of an appeal within the time period fixed by law.[6]
NOW, THEREFORE, IT IS ORDERED that Atamian’s motions to supplement and correct are GRANTED. The motions to dismiss filed by Ryan and Becden are GRANTED. Atamian’s petition for a writ of mandamus and prohibition is DISMISSED.