146 A.2d at 796 Defining final judgment under state law27 citing casesA final judgment is generally defined as one which determines the merits of the controversy or the rights of the parties and leaves nothing for future determination or consideration.
- Williams v. Toll Bros. Builders, No. N22C-05-002 PRW (Del. Super. Ct. July 12, 2022).published(A final judgment is generally defined as one which determines the merits of the controversy or the rights of the parties and leaves nothing for future determination or consideration.)
- Brown, Dr. Erika v. Transforming Lives, Inc., No. 67, 2026 (Del. May 11, 2026).publishedBY THE COURT: /s/ Gary F. Traynor Justice 1 Julian v. State, 440 A.2d 990, 991 (Del. 1982). 2 Showell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del. 1958). 3 Emerald Partners v. Berlin, 811 A.2d 788, 790-91 (Del. 2001) (“…
- Axos Fin., Inc. v. Legent Grp., LLC, No. 15, 2026 (Del. Mar. 24, 2026).publishedPlaintiffs contend that this appeal must be dismissed as interlocutory because the amount of attorneys’ fees awarded in the Sanction Decision remains unresolved. (6) Absent compliance with Rule 42, this Court is limited to the review of a…
- Chang v. Bishop Francis Malooly of Catholic Diocese of Wilmington, No. 273, 2025 (Del. Oct. 3, 2025).publishedHe does not address his failure to comply with the requirements of Rule 42. (5) Absent compliance with Rule 42, this Court is limited to the review of a trial court’s final judgment.1 “A final judgment is generally defined as one that dete…
- Latanya L. Richardson & Reginald E. Parker v. New Residential Mortg. Loan Trust 2019RPL3, No. 2024-0775-CDW (Del. Ch. Aug. 29, 2025).publishedThe Foreclosure Judgment Is a Final Judgment That Was Decided Adversely to Plaintiffs A final judgment is one “which determines the merits of the controversy or rights of the parties and leaves nothing for future determination or considera…
- Smith v. Fed. Nat'l Mortg. Ass'n, No. 207, 2025 (Del. June 9, 2025).publishedShe may file a notice of appeal after the Court of Chancery issues a final order. 1 Julian v. State, 440 A.2d 990, 991 (Del. 1982). 2 Showell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del. 1958). 2 NOW, THEREFORE, IT IS O…
- Maldonado's Makeovers v. Jones, No. N23A-11-048 KMV (Del. Super. Ct. Apr. 8, 2025).publishedMidway Towing, 905 A.2d 746 , 746 (Del. 2006) (TABLE) (finding the Superior Court did not have jurisdiction to dismiss an appeal from the Court of Common Pleas which had not yet entered a final judgment in the matter). 28 Werb v. D’Alessan…
- Brown v. Hughes, No. 72, 2025 (Del. Apr. 2, 2025).publishedLeGrow Justice 2 Julian v. State, 440 A.2d 990, 991 (Del. 1982). 3 Showell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del. 1958). 2
- Brown v. Hughes, No. 72, 2025 (Del. Mar. 31, 2025).publishedLeGrow Justice 2 Julian v. State, 440 A.2d 990, 991 (Del. 1982). 3 Showell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del. 1958). 2
- 330 Hosp. Grp., LLC v. The City of Rehoboth Beach, No. 338, 2024 (Del. Oct. 1, 2024).publishedThe City, Board of Commissioners of Rehoboth Breach, and Planning Commission of Rehoboth Beach argue that the Superior Court’s decision is not final because the matter was remanded for further proceedings. (3) Absent compliance with Rule 4…
Show 15 more citing cases
- P.C. Connection, Inc. v. Synygy Ltd., No. C.A. No. 2020-0869-JTL (Del. Ch. Jan. 10, 2022).publishedUnder Delaware law, “[a] final judgment is generally defined as one which determines the merits of the controversy or the rights of the parties and leaves nothing for future determination or consideration.” Showell Poultry, Inc. v. Delmarv…
- Prot. Life Ins. v. Navarro, No. 217, 2020 (Del. Sept. 4, 2020).publishedNov. 12, 2013). 17 Showell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del. 1958). 18 Braddock v. Zimmerman, 906 A.2d 776, 784 (Del. 2006). 19 Cohen v. State ex rel.
- State v. Gonzalez, No. N18C-01-144 RRC (Del. Super. Ct. Aug. 6, 2018).publishedCt. R. 42(b). 8 See Ia’. 9 Tyson Foods, Inc. v. Aetos Corp., 809 A.2d 575, 579 (Del. 2002). 10 Showell Poullry, lnc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del. 1958). 3 might be occasioned by so many interlocutory or interim appeal…
- State v. Premier Healthcare Inc., No. N17C-09-177 RRC (Del. Super. Ct. July 17, 2018).publishedA substantial legal issue is not created within the meaning of Rule 42 where this Court merely permits both parties to further develop the factual 4 Tyson Fooa’s, Inc. v. Aetos Corp., 809 A.2d 575, 579 (Del. 2002). 5 Showell Poultry, Inc.…
- Harrell v. State, No. 591, 2016 (Del. Feb. 10, 2017).publishedFeb. 12, 2016) (quoting Showell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del. 1985)). 3 Accord Lopez v. State, 2014 WL 3586494 (Del.
- Riley v. New Castle Auto Auction & Consignments, Inc., No. N15A-12-005 JAP (Del. Super. Ct. Nov. 21, 2016).publishedC. § 1326 (emphasis added). 4 Showell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del. 1958).
- Brunhammer v. State, No. 6, 2016 (Del. Feb. 12, 2016).publishedIV, § 11(1)(b). 2 See, e.g., Showell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del. 1985) (“A final judgment is generally defined as one which determines the merits of the controversy or the rights of the parties and leav…
- Braddock v. Zimmerman, 906 A.2d 776 (Del. 2006).publishedTyson Foods, Inc. v. Aetos Corp., 809 A.2d 575, 579 (Del.2002) (citing Showell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del.1958); Catlin v. United States, 324 U.S. 229, 233 , 65 S.Ct. 631 , 89 L.Ed. 911 (1945)). 5 .Id.…
- Tyson Foods, Inc. v. Aetos Corp., 809 A.2d 575 (Del. 2002).publishedShowell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del.1958); Catlin v. United States, 324 U.S. 229, 233 , 65 S.Ct. 631 , 89 L.Ed. 911 (1945).
- Blue Hen Lines, Inc. v. Turbitt, 787 A.2d 74 (Del. 2001).publishedShowell Poultry Inc. v. Delmarva Poultry Corp., Del.Supr., 146 A.2d 794, 796 (1958).
- Cunningham v. Acro Extrusion Corp., 790 A.2d 507 (Del. Super. Ct. 2001).publishedKeeler at 983 (citing Pollard v. Placers, Inc., Del.Supr., 692 A.2d 879, 880 (1997); Showell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (1958)). .See 19 Del.
- Keeler v. Metal Masters Foodservice Equip. Co., 768 A.2d 979 (Del. Super. Ct. 1999).published(A final judgment is generally defined as one which determines the merits of the controversy or the rights of the parties and leaves nothing for future determination or consideration.)
- Werb v. D'Alessandro, 606 A.2d 117 (Del. 1992).published Second, a final judgment is one “which determines the merits of the controversy or the rights of the parties and leaves nothing for future determination or consideration.” Showell Poultry, Inc. v. Delmarva Poultry Corporation, Del.Supr., 1…
- RADULSKI FOR TAYLOR v. Delaware State Hosp., 541 A.2d 562 (Del. 1988).publishedThe test is whether such judgment or decree determines the substantial merits of the controversy and the material issues litigated or necessarily *566 involved in the litigation.” Showell Poultry, Inc. v. Delmarva Poultry Corp., Del.Supr.,…
- Ramon Diez Barroso v. Vasallo TV Grp. LLC, No. 2025-0480-LWW (Del. Ch. Nov. 5, 2025).published(explaining that a “final judgment” is one that “determines the merits of the controversy)
146 A.2d at 795 The purpose of not permitting appeals except in such cases [of a final judgment] is to prevent piecemeal litigation and to eliminate delays which might be occasioned by so many interlocutory or interim appeals.7 citing cases
- Delaware Technical & Cmty. Coll. v. State of Delaware Human Relations Comm'n, No. N17A-01-002 ALR (Del. Super. Ct. May 17, 2017).published (The purpose of not permitting appeals except in such cases [of a final judgment] is to prevent piecemeal litigation and to eliminate delays which might be occasioned by so many interlocutory or interim appeals.)
- Lisowski v. Bayhelath Med. Ctr., Inc. d/b/a Kent Gen. Hosp., No. N15C-04-228 ALR (Del. Super. Ct. Dec. 29, 2016).published(The purpose of not permitting appeals except in such cases [of a final judgment] is to prevent piecemeal litigation and to eliminate delays which might be occasioned by so many interlocutory or interim appeals.)
- Richard J. Tornetta v. Elon Musk, No. 2018-0408-KSJM (Del. Ch. Dec. 2, 2024).published(The purpose of not permitting appeals except in [limited] cases is to prevent piecemeal litigation and to eliminate the delay which might be occasioned by so many interlocutory or interim appeals.” (citing Lewis v. E.…)
- GXP Capital, LLC v. Argonaut Mfg. Servs., Inc., No. N18C-07-267 PRW CCLD (Del. Super. Ct. Aug. 3, 2020).publishedMar. 16, 1999). “| See Reid v. Spazio, 970 A.2d 176, 181 (Del. 2009) (“[A]ppeals from adverse final determinations in civil actions in the Superior Court and the Court of Chancery are taken as of right to this Court.”), “2 Showell Poultry,…
- Pope Investments LLC v. The Marilyn Abrams Living Trust, No. 259, 2017 (Del. July 18, 2018).publishedThe policy underlying the final judgment rule is one of efficient use of judicial resources through disposition of cases as a whole, rather than piecemeal (citing Showell Poultry Corp., Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 795 (De…
- Robinson v. State, 704 A.2d 269 (Del. 1998).publishedHe argues that the ruling is final because, in divesting the Family Court of jurisdiction over a juvenile, it “determines the merits of the controversy or the rights of the parties and leaves nothing for future determination or considerati…
- BlackRock Credit Allocation Income Trust v. Saba Capital Master Fund, Ltd., 224 A.3d 964 (Del. 2020).publishedSee Tyson Foods, Inc. v. Aetos Corp., 809 A.2d 575, 580 (Del. 2002) (“The policy underlying the final judgment rule is one of efficient use of judicial resources through disposition of cases as a whole, rather than piecemeal.” (citing Show…
146 A.2d at 794 cited at this page2 citing cases
- Lipson v. Lipson, 799 A.2d 345 (Del. 2001).publishedShowell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 794 (1958) (citing Lewis v. E.I. duPont Nemours, Inc. & Co., 5th Cir., 183 F.2d 29 (1950)). 18 .
- Fischetti, M. v. Fischetti, L., No. 694 EDA 2018 (Pa. Super. Ct. Oct. 23, 2018).unpublishedSee Cubano, 146 A.2d at 794.
51 Del. at 389 “a final judgment is generally defined as one which determines the merits of the controversy or the rights of the parties and leaves nothing for future determination or consideration.”0 citing cases
51 Del. at 388 “the purpose of not permitting appeals except in such cases of a final judgment is to prevent piecemeal litigation and to eliminate delays which might be occasioned by so many interlocutory or interim appeals.”0 citing cases
Other citing cases
- Hill Int'l, Inc. v. Opportunity Partners L.P., 119 A.3d 30 (Del. 2015).published
v.
Delmarva Poultry Corporation, a Delaware Corporation, Plaintiff Below, Appellee
This appeal raises the questions (1) of the jurisdiction of the Supreme Court to consider and determine an appeal from an order of the Superior Court requiring defendant to pay interim counsel fees to plaintiff for failure of defendant to comply with orders for production of documents; and (2) of the authority of the Superior Court to make an order such as was entered in this case.
Plaintiff, a Delaware corporation, instituted suit against defendant, also a Delaware corporation, in the Superior Court to recover from defendant expenses for the rental, use and repairs of certain trucks of plaintiff. As a result of the taking of depositions of the president of defendant corporation, plaintiff filed a motion for the production of certain profit and loss statements of defendant. Defendant resisted on the ground that these records were irrelevant. The Superior Court granted plaintiff’s motion and signed an order for the production of the documents. Defendant failed to produce the documents, stating at first that no such records were kept by defendant. Subsequently, it was averred that such records had been destroyed. After considerable delay, plaintiff filed a motion for the imposition of appropriate sanctions against defendant pursuant to Rule 37(b) (2) of the Superior Court, Del. C. Ann., a counterpart of the same numher. After further argument and delay, defendant finally produced the documents. Plaintiff then filed a motion under the same rule for counsel fees. After hearing on the motion, an order was made by the Superior Court requiring defendant to pay to plaintiff the sum of $1,000 as interim counsel[*388] fees. Defendant appealed from that order. Plaintiff filed a motion to dismiss the appeal.
We first consider plaintiff’s motion to dismiss. The ground for plaintiff’s motion is that the order of the Superior Court awarding interim counsel fees was not a final order and was not therefore appealable. Defendant contends that the order is appealable, stating while it does not dispose of all the essential issues of the case, it does constitute a final disposition of the immediate question at issue, namely, the liability of defendant to pay an interim counsel fee to plaintiff.
The right of review is not an inherent or inalienable right. It exists only when and to the extent provided in the constitution and laws of the State. Casey v. Southern Corp., 26 Del. Ch. 447, 29 A. 2d 174. This court on several occasions has held that its jurisdiction to review errors in the Superior Court in civil cases is limited to the jurisdiction conferred upon it by Article IV, Section 11(1) of the Delaware constitution, Del. C. Ann., providing that this court “shall have jurisdiction * * * to issue writs of error in civil causes to the Superior Court and to determine finally all matters in error in the judgments and proceedings of said Superior Court in civil causes.” We have held that by virtue of this language the jurisdiction of this court upon appeals from the Superior Court in civil cases is confined solely to review after final judgment. Du Pont v. Du Pont, 8 Terry 229, 90 A. 2d 467; Canaday v. Superior Court, 10 Terry 332, 116 A. 2d 678; Ownbey v. Morgan’s Executors, 7 Boyce 297, 105 A. 838. The purpose of not permitting appeals except in such cases is to prevent piecemeal litigation and to eliminate the delays which might be occasioned by so many interlocutory or interim appeals. Lewis v. E. I. Du Pont de Nemours & Co., 5 Cir., 183 F. 2d 29, 21 A. L. R. 2d 757.
The only question which remains for this court to decide is whether or not the award from which the appeal in this case was taken constituted a final judgment as laid down in Article IV, Section 11(1) of the Constitution of the State of Delaware.
[*389] A final judgment is generally defined as one which determines the merits of the controversy or the rights of the parties and leaves nothing for future determination or consideration. The test is whether such judgment or decree determines the substantial merits of the controversy and the material issues litigated or necessarily involved in the litigation. If there is no finality of the decision of the essential questions involved, the right to review any step in the proceeding must be held in abeyance until the case has reached a stage when it may be reviewed in a single appeal involving the whole issue. Ownbey v. Morgan’s Executors, supra. It may be true, as defendant contends, that the decision on the question of plaintiff’s right to an interim counsel fee is a final determination of that particular question, but it will not be disputed that the determination of this question constitutes only a decision of the court in a preliminary matter involving an effort on the part of plaintiff to prepare his case for trial on the merits.
We think that the order in this case is not a final judgment, as contemplated by Article IV, Sec. 11(1) of the constitution of this state, as heretofore construed by this court in the cases previously cited, and that therefore the motion of plaintiff to dismiss this appeal should be granted. In our view the case before us is controlled by the case of Du Pont v Du Pont, supra, In that case plaintiff in an annulment of marriage action sought to review the propriety of a portion of an order of the Superior Court awarding, inter alla, an interim counsel fee to defendant. This court held that the order was not a final judgment or an order in the nature of a final judgment to which a writ of error would lie. Similarly, the order in this case is not a final judgment but only an award of interim counsel fees arising out of a preliminary move by plaintiff to prepare his case for trial. It does not in any manner relate directly to the essential issues which must eventually be determined.
The motion to dismiss defendant’s appeal is granted.
[*390] In view of our decision granting plaintiff’s motion to dismiss the appeal in this case, questions relating to the issues raised by the appeal itself are not now properly before us and will not be considered here.