Professional Investigating & Consulting Agency, Inc. v. Hewlett-Packard Company ( 2016 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
PROFESSIONAL INVESTIGATING §
& CONSULTING AGENCY, INC., § No. 108, 2016
dba PICA, §
§
Plaintiff Below, §
Appellant, § Court Below - Superior Court
§ of the State of Delaware
v. §
§ C.A. No. N12C-06-196
HEWLETT-PACKARD COMPANY, §
§
Defendant Below, §
Appellee. §
Submitted: September 29, 2016
Decided: October 12, 2016
Before STRINE, Chief Justice; VALIHURA, and SEITZ, Justices.
ORDER
On this 12th day of October 2016, after careful consideration of the parties’
briefs and the record on appeal, we find it evident that the final judgment of the
Superior Court should be affirmed. PICA has appealed the Superior Court’s denial
of PICA’s request for fees and expenses incurred on appeal. In its original appeal
before this Court, PICA did not request appellate fees and expenses, nor did it ask
that any affirmance of the judgment below be tempered by a remand to have the
Superior Court determine whether its original final judgment should be
supplemented by an award of appellate fees and expenses. If PICA believed that
the fees and expenses it incurred on appeal should be borne by the other side, it
should have made the request in its appellate filings, which would have allowed for
a timely, orderly, and efficient consideration of the request by this Court. PICA
did not do so, and therefore it is not entitled to have the Superior Court award such
fees and costs. For this reason, the appeal is without merit and the judgment of the
Superior Court is AFFIRMED.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior
Court is AFFIRMED.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Justice
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