IN THE SUPREME COURT OF THE STATE OF DELAWARE
JOSEPH DANIEL PIRESTANI, §
§
Cross-Petitioner Below, § No. 299, 2018
Appellant, §
§ Court Below—Court of Chancery
v. § of the State of Delaware
§
KEVIN J. REAGAN, § C.M. No. 17950-N
§
Petitioner Below, §
Appellee, §
§
and §
§
ATTORNEY AD LITEM, §
§
Appellee. §
Submitted: June 7, 2018
Decided: June 11, 2018
Before VAUGHN, SEITZ, and TRAYNOR, Justices.
ORDER
This 11th day of June 2018, having considered the notice of appeal from an
interlocutory order under Supreme Court Rule 42, it appears to the Court that:
(1) On June 7, 2018, the appellant, Joseph Daniel Pirestani, filed a notice
of interlocutory appeal from a Court of Chancery order, dated January 31, 2018,
denying his motions for admission of additional evidence, and a Court of Chancery
order, dated May 8, 2018, denying his motion for reargument of the January 31, 2018
order. Pirestani filed an application for certification of an interlocutory appeal on
May 18, 2018. The Court of Chancery denied the application for certification on
May 23, 2018.
(2) Applications for interlocutory review are addressed to the sound
discretion of the Court1 and are granted only in exceptional circumstances.2 In the
exercise of our discretion, we have concluded that the application for interlocutory
review does not meet the strict standards for certification under Supreme Court Rule
42(b) and should be refused.
(3) This is the third interlocutory appeal Pirestani has filed in three months
relating to the guardianship proceeding in the Court of Chancery, C.M. No. 17950-
N. None of the appeals met the standards for certification under Rule 42. The Court
will not take any action on Pirestani’s future notices of appeal or petitions relating
to C.M. No. 17950-N until he pays the filing fee or files a motion to proceed in forma
pauperis in those future matters.
NOW, THEREFORE, IT IS HEREBY ORDERED that the interlocutory
appeal is REFUSED and that no action will be taken on Pirestani’s future notices of
1
Supr. Ct. R. 42(d)(v).
2
Supr. Ct. R. 42(b)(ii).
2
appeal or petitions relating to C.M. No. 17950-N until he pays the filing fee or files
a motion to proceed in forma pauperis in those future matters.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Justice
3