No. 163, 2011.Supreme Court of Delaware.Submitted: April 15, 2011.
Decided: April 21, 2011.
Court Below — Superior Court of the State of Delaware in and for New Castle County, C.A. No. N09C-12-273.
Before STEELE, Chief Justice, HOLLAND
and BERGER, Justices.
ORDER
RANDY J. HOLLAND, Justice.
This 21st day of April 2011, upon consideration of the notice and amended supplemental notice of interlocutory appeal, it appears to the Court that:
(1) On April 4, 2011, plaintiffs/appellants, Rich Realty, Inc., Carson M. Gray, Adelia H. Gray, Richard E. Gray, Jr., and Josslyn Gray petitioned this Court pursuant to Supreme Court Rule 42, to accept an interlocutory appeal from the Superior Court’s order of March 15, 2011.[1] By order dated April 7, 2011, the Superior Court stayed the plaintiffs’ application for certification pending the court’s decision on the plaintiffs’ pending motion to amend complaint.[2]
(2) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in exceptional circumstances. We have examined the Superior Court’s March 15, 2011 order and underlying February 21, 2011 opinion according to the criteria set forth in Supreme Court Rule 42 and have concluded that exceptional circumstances meriting interlocutory review do not exist in this case.
NOW, THEREFORE, IT IS HEREBY ORDERED that the interlocutory appeal is REFUSED.