Hazzard ( 2016 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
OFFICER MATTHEW HAZZARD, §
DETECTIVE KECIA ROSADO, and § No. 677, 2015
DETECTIVE BRIAN CONKEY, §
§
Defendants Below, § Court Below—Superior Court
Appellants, § of the State of Delaware
§
v. § C.A. No. N14C-09-034
§
CHRISTOPHER HARRIS, §
§
Plaintiff Below, §
Appellee. §
Submitted: January 5, 2016
Decided: January 22, 2016
Before STRINE, Chief Justice; VAUGHN, and SEITZ, Justices.
ORDER
This 22nd day of January 2016, having considered the notice of appeal from
an interlocutory order and the supplemental notice of appeal from an interlocutory
order, it appears to the Court that:
(1) The appellants, Officer Matthew Hazzard, Detective Kecia Rosado,
and Detective Brian Conkey have petitioned this Court, under Supreme Court Rule
42, to accept an appeal from the Superior Court’s November 17, 2015 order
denying their motion for summary judgment. The Superior Court concluded that
factual questions precluded entry of judgment as a matter of law. In an order dated
January 4, 2016, the Superior Court found that the appellant’s application for
certification of an interlocutory appeal was untimely, the appellants did not show
good cause for their untimely application, and the application did not satisfy the
criteria of Rule 42.
(2) Having considered the Superior Court’s November 17, 2015 order, the
Court agrees with the Superior Court’s order denying the application for
certification. The application, which was filed on December 10, 2015, was
untimely because it was filed more than ten days after the Superior Court’s
November 17, 2015 order. 1 The appellants did not establish good cause to excuse
their untimely application.
NOW, THEREFORE, IT IS HEREBY ORDERED that the interlocutory
appeal is REFUSED.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Justice
1
Supr. Ct. R. 42(c) (“Such application shall be served and filed within 10 days of the entry of the
order from which the appeal is sought or such longer time as the trial court, in its discretion, may
order for good cause shown.”).
2