No. 466, 2005.Supreme Court of Delaware.Submitted: October 31, 2005.
Decided: November 22, 2005.
Superior Court of the State of Delaware, in and for Kent County, C.A. No. 1618-K.
Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.
ORDER
Myron T. Steele, Chief Justice.
This 22nd day of November 2005, it appears to the Court that:
(1) On September 30, 2005, the appellants, William P. Ingram and Margaret Anne Ingram (“the Ingrams”), filed a notice of appeal from an order of the Court of Chancery, dated September 26, 2005, denying their application for a temporary restraining order.
(2) On October 14, 2005, the Clerk of the Court issued to the Ingrams a notice to show cause why the case should not be dismissed, pursuant to Rule 29(b), for their failure to comply with Rule 42 when taking an appeal from an apparent interlocutory order.
(3) On October 31, 2005, the Ingrams filed a Response to the Notice to Show Cause along with an Amended Notice of Appeal from Interlocutory Order. In their response, the Ingrams state their belief that the appeal meets the criteria for acceptance by this Court under Rule 42(b)(V).
(4) Supreme Court Rule 42 sets forth the requirements for filing an interlocutory appeal. The Ingrams have not complied with those requirements. Absent compliance with Rule 42, the jurisdiction of this Court is limited to the review of final judgments of trial courts.[1] An order is deemed final if the trial court has clearly declared its intention that the order be the court’s “final act” in the case.[2] The Court of Chancery has not issued a final judgment in this case.
NOW, THEREFORE, IT IS ORDERED that the appeal is DISMISSED.