Wollner v. PearPop, Inc.

Summary

The Delaware Supreme Court dismissed Ryan Wollner’s appeal because it was taken from an interlocutory Court of Chancery decision and Wollner had not complied with Supreme Court Rule 42. The Court held that the Chancery proceedings were ongoing because the amount of attorneys’ fees remained unresolved and no final judgment had been entered.

Holdings

1. An order is not final and appealable when the trial court has not finally determined and terminated all justiciable matters within its jurisdiction. Because further action was required, including resolution of the amount of attorneys' fees and entry of a final order, the June 21 decision was interlocutory.
2. A party is not exempt from Supreme Court Rule 42's requirements merely because issuance of a final order is delayed. Because there was no final judgment and Wollner had not complied with Rule 42, the appeal had to be dismissed.

Questions Presented

1. Whether the Court of Chancery's June 21 decision was a final, appealable judgment.
2. Whether the appeal should be dismissed because it was interlocutory and Wollner failed to comply with Supreme Court Rule 42.

Disposition

dismissed