Deputy v. Conlan, 189 A.3d 1290 (2018)

July 12, 2018 · Delaware Court of Errors and Appeals · No. 269, 2017

189 A.3d 1290

Kenneth T. DEPUTY, Plaintiff Below, Appellant,
v.
Dr. J. CONLAN, Defendant Below, Appellee.

No. 269, 2017

Supreme Court of Delaware.

Submitted: May 11, 2018
Decided: July 12, 2018

ORDER

Gary F. Traynor, Justice

This appeal is from the Superior Court's order of June 20, 2017, granting summary judgment to the defendant-below/appellee, Dr. J. Conlan, in a consolidated action.¹ Having considered the parties' briefs on appeal and the Superior Court record, the Court has concluded that the appeal must be dismissed, without prejudice, for the appellant's failure to comply with Supreme Court Rule 42 when filing an appeal from an interlocutory order. The Superior Court's order on appeal did not resolve the action against the State defendants-James Welch and Thomas Carroll-and was not certified as a final judgment under Superior Court Civil Rule 54b).² In the absence of the Rule 54(b) certification, the appeal is interlocutory.

NOW, THEREFORE, IT IS ORDERED that the appeal is DISMISSED without notice, sua sponte , under Supreme Court Rule 29(c). The mandate shall issue forthwith.

1 By order dated October 14, 2013, the Superior Court consolidated C.A. No. 07C-01-202 and C.A. No. N12C-05-163.

2 Harrison v. Ramunno , 730 A.2d 653, 653-54 (Del. 1999) ("When a civil action involves multiple claims and multiple parties, a judgment regarding any claim or any party does not become final until the entry of the last judgment that resolves all claims as to all parties unless an interlocutory ruling as to a claim or party is certified pursuant to Superior Court Rule 54(b).")