George X v. Paul H. Morrill, Jr., Thomas J. Parag, David L. Baylor, Shane Miller, and William J. Rhodunda, Jr.

Summary

The Delaware Superior Court denied Plaintiff’s motion for entry of final judgment under Superior Court Civil Rule 54(b) concerning garage-related claims. The court also denied certification for interlocutory appeal under Delaware Supreme Court Rule 42 because the request was filed more than 16 months after the relevant order. The court found no hardship or injustice from delaying an appeal and determined that judicial administration and economy favored continued litigation toward trial.

Holdings

1. A request to invoke Delaware Supreme Court Rule 42 must be made within ten days after entry of the order from which an appeal is sought; a request filed more than sixteen months later is untimely and must be denied.
2. Rule 54(b) final judgment was not warranted because, although multiple claims or parties existed and the garage-related claims had been finally decided, there was no hardship or injustice from delaying judgment and judicial administration and economy favored avoiding a piecemeal appeal.

Questions Presented

1. Whether the plaintiff's request for certification under Delaware Supreme Court Rule 42 was timely when filed more than sixteen months after entry of the challenged order.
2. Whether the court should enter final judgment on the garage-related claims under Superior Court Civil Rule 54(b) while other claims and parties remained in the case.

Disposition

denied