IN THE SUPREME COURT OF THE STATE OF DELAWARE
MELPAR, LLC, §
§ No. 44, 2022
Defendant Below, §
Appellant, § Court Below: Superior Court
§ of the State of Delaware
v. §
§ C.A. No. S21C-03-017
THE STATE OF DELAWARE, §
UPON THE RELATION OF THE §
SECRETARY OF THE §
DEPARTMENT OF §
TRANSPORTATION, §
§
Plaintiff Below, Appellee. §
Submitted: February 9, 2022
Decided: February 10, 2022
Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.
ORDER
After consideration of the notice of appeal from interlocutory orders and the
documents attached thereto, the interlocutory appeal is refused for the reasons stated
in the Court’s order dated January 27, 2022, in Melpar, LLC v. State ex rel. Secretary
of Department of Transportation, 9, 2022 (Del. Jan. 27, 2022). To the extent that
the second application for certification of interlocutory appeal raises additional
issues—including relating to the Superior Court’s decision regarding the appellant’s
request for an evidentiary hearing and the application of “Superior Court Civil Rule
71.1 and bad faith/fraud/abuse of discretion”—this Court has concluded, in the
exercise of its discretion, that the application for interlocutory review should be
refused.
NOW, THEREFORE, IT IS ORDERED that the interlocutory appeal is
REFUSED.
BY THE COURT:
/s/ Gary F. Traynor
Justice
2