Hallett v. Carnet Holding Corp.

Summary

The Delaware Supreme Court considered a motion to dismiss an appeal involving a Court of Chancery order continuing the sealing of confidential documents and a prior judgment declining to disqualify counsel. The court held that the appeal from the August 12, 2002 confidentiality judgment was timely, but dismissed the purported appeal concerning the April 16, 2002 disqualification ruling as untimely and procedurally unsupported.

Holdings

1. After a judgment on the merits becomes final, a subsequent decision to enforce, modify, or maintain an existing confidentiality order constitutes a separate final judgment that may be directly appealed. Hallett's appeal from the August 12, 2002 judgment was timely.
2. The purported appeal concerning the April 16, 2002 final judgment was not properly before the Supreme Court because Hallett filed no formal motion to reopen that judgment and the Court of Chancery entered no order denying such a motion or otherwise creating an appealable judgment.

Questions Presented

1. Whether the August 12, 2002 judgment continuing an existing confidentiality and sealing order was a separate final judgment appealable as of right.
2. Whether Hallett could obtain appellate review of the April 16, 2002 final judgment by suggesting during an August 23 teleconference that the Court of Chancery revisit that judgment, without filing a formal motion to reopen or appealing from an order denying such a motion.

Disposition

dismissed