Anderson v. Leer

Summary

The Delaware Supreme Court dismissed the appeal without prejudice because the Court of Chancery had not entered a final, appealable order and at least one motion remained pending. The Court noted that the appellants had not complied with Supreme Court Rule 42 and permitted any docketing fee to be applied to a future appeal from a final order.

Holdings

1. Absent compliance with Supreme Court Rule 42, the Delaware Supreme Court's appellate jurisdiction is limited to review of final orders. Because no final order had been entered and a motion remained pending, the appeal was not properly before the Court and had to be dismissed without prejudice.

Questions Presented

1. Whether the Delaware Supreme Court had appellate jurisdiction over an appeal from a Court of Chancery decision when no final order had been entered and a motion remained pending.
2. Whether the appeal should be dismissed without prejudice for failure to comply with Supreme Court Rule 42 governing interlocutory appeals.

Disposition

dismissed