No. 197, 2000.Supreme Court of Delaware.
Decided: May 16, 2000.
Superior CA 97C-07-175.
Appeal refused.
Unpublished Opinion is below.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant Below-Appellant, v. TONYA FUSSELL and DIANE FUSSELL, Plaintiffs Below-Appellee. No. 197, 2000. In the Supreme Court of the State of Delaware. Submitted: April 25, 2000. Decided: May 16, 2000.
Appeal from Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 97C-07-175.
Before HOLLAND, HARTNETT, and BERGER, Justices.
ORDER
Maurice A. Hartnett, III, Justice
This 16th day of May 2000, it appears to the Court that:
(1) The appellant, State Farm Mutual Automobile Insurance Company (“State Farm”), has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Superior Court entered on March 29, 2000. The Superior Court’s order denied State Farm’s motion for summary judgment and granted, in part, the appellees’ cross-motion for partial summary judgment.
(2) On April 24, 2000, the Superior Court denied State Farm’s request to certify its application to take an interlocutory appeal.
(3) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, this Court has concluded that the application for interlocutory review should be refused.
NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal be, and the same hereby is, REFUSED.