Century Indemnity Co. v. Viking Pump, Inc.

Summary

The Delaware Supreme Court dismissed an appeal and cross-appeals as premature because a timely motion under Superior Court Civil Rule 59 remained pending in the trial court. The Court held that such a motion tolls the time for appealing an otherwise final judgment and waived the filing fee for any future appeal from the Superior Court's final judgment.

Holdings

1. A timely filed motion for reargument or to amend a judgment tolls the time for taking an appeal from an otherwise final judgment; an appeal filed while that motion remains pending is premature.
2. The appeal and cross-appeals must be dismissed because they were filed before the Superior Court entered a final judgment resolving the pending Rule 59 motion.

Questions Presented

1. Whether the appeal was timely and properly before the Supreme Court when a Rule 59 motion to reargue or amend the judgment remained pending.
2. Whether the appeal and cross-appeals should be dismissed as premature rather than treated as appeals from an interlocutory judgment.

Disposition

dismissed