Cordova v. Kiage ( 2024 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
TORI LYNN CORDOVA, )
)
Plaintiff, )
)
) C.A. No. N22C-04-086 MMJ
)
JOEL MAEGO KIAGE and EMMA )
LOGISTICS, LLC, )
)
Defendants. )
ORDER
Submitted: January 12, 2024
Decided: January 22, 2024
On Prime Insurance Company’s Application for
Certification of Interlocutory Appeal
DENIED
1. On December 18, 2023, the Court denied Prime Insurance Company’s Motion
to Intervene.
2. On January 2, 2024, Prime filed an Application for Certification of
Interlocutory Appeal.
3. Supreme Court Rule 42(c)(i) provides that an application for certification of
interlocutory appeal “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.”
4. Plaintiff’s Opposition to the Application for Certification of Interlocutory
Appeal of Prime Insurance Company was filed on January 12, 2024.
5. Rule 42(a) provides: “All time periods under this rule should be calculated
under Supreme Court Rule 11.”
6. Supreme Court Rule 11 states: “When the period of time prescribed or allowed
is less than 7 days, intermediate Saturdays, Sundays and other legal holidays shall
be excluded in the computation.” The relevant period of time for filing an
application is 10 days. Therefore, exclusion of intermediate days does not apply.
7. Strict compliance with Rule 42 is required by the Supreme Court. Julian v.
State, 440 A.2d 990, 991 (Del. 1982).
8. Prime’s Application was filed 15 days after this Court’s December 18, 2023
ruling.
THEREFORE, the Court finds that Prime Insurance Company’s Application for
Certification of Interlocutory Appeal is hereby DENIED AS UNTIMELY. The
Court further finds that Prime has failed to demonstrate good cause for its untimely
filing.
SO ORDERED
Mary M. Johnston
Judge Mary M. Johnston