Axos Financial, Inc. v. Legent Group, LLC

Summary

The Delaware Supreme Court dismissed an appeal as interlocutory because the Court of Chancery had not yet resolved the amount of attorneys’ fees awarded in connection with discovery sanctions. The Court held that the January 8, 2026 order titled “Final Order and Judgment” was not final for purposes of appeal and directed that the filing fee be applied to any future appeal from a final order.

Holdings

1. An order is not final for purposes of appeal when the amount of attorneys' fees awarded remains unresolved; the appeal was therefore interlocutory.
2. The appeal was dismissed as interlocutory under Delaware Supreme Court Rule 29(b), and the filing fee was directed to be applied to any future appeal from a final order in the case.

Questions Presented

1. Whether the appeal was properly taken from a final judgment when the amount of attorneys' fees awarded by the Court of Chancery remained unresolved.
2. Whether the appeal should be dismissed as interlocutory for failure to comply with Supreme Court Rule 42.

Disposition

dismissed