IN THE SUPREME COURT OF THE STATE OF DELAWARE
STEADFAST INSURANCE §
COMPANY, § No. 322, 2019
§
Plaintiff Below– § Court Below – Superior Court
Appellant, § of the State of Delaware
§
v. § C.A. No. N18C-03-291
§
DBI SERVICES, LLC, §
§
Defendant Below– §
Appellee. §
Submitted: July 25, 2019
Decided: July 31, 2019
Before VALIHURA, VAUGHN, and SEITZ, Justices.
ORDER
Upon consideration of the notice of interlocutory appeal, the supplemental
notice of appeal, and the documents attached thereto, it appears to the Court that:
(1) The plaintiff below, Steadfast Insurance Co. (“Steadfast”), has
petitioned this Court under Supreme Court Rule 42 to accept an interlocutory
appeal from a June 24, 2019 Superior Court order. The Superior Court’s decision
granted the partial motion for summary judgment filed by DBI Services, LLC
(“DBI Services”), and denied the cross-motion for summary judgment filed by
Steadfast. On July 3, 2019, Steadfast filed an application for certification to take
an interlocutory appeal in the Superior Court. DBI Services opposed the
application. The Superior Court refused the application in a detailed order dated
July 25, 2019, explaining why interlocutory review of its decision, which involved
issues of contract interpretation, was not warranted under the principles and criteria
of Supreme Court Rule 42(b).
(2) Applications for interlocutory review are addressed to the sound
discretion of the Court.1 In the exercise of its discretion and giving great weight to
the trial court’s review, this Court has concluded that the application for
interlocutory review does not meet the strict standards for certification under
Supreme Court Rule 42(b). Exceptional circumstances that would merit
interlocutory review of the Superior Court’s decision do not exist in this case,2 and
the potential benefits of interlocutory review do not outweigh the inefficiency,
disruption, and probable costs caused by an interlocutory appeal.3
NOW, THEREFORE, IT IS ORDERED that the interlocutory appeal is
REFUSED.
BY THE COURT:
/s/ James T. Vaughn, Jr.
Justice
1
Del. Supr. Ct. R. 42(d)(v).
2
Del. Supr. Ct. R. 42(b)(ii).
3
Del. Supr. Ct. R. 42(b)(iii).
2