Delaware Code

10 Del. C. § 144 (2026)

Failure to appeal from interlocutory order; consideration on final appeal

✓ current as of May 2026

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A failure to appeal from an interlocutory order, judgment or decree of the Court of Chancery or Superior Court shall not bar a party from making any objection to such interlocutory order, judgment or decree on appeal from the final order, judgment or decree.

Code 1852, § 2756; Code 1915, § 4687; Code 1935, § 5145; 10 Del. C. 1953, § 144; 57 Del. Laws, c. 459.;

Notes of Decisions

Cited in 3 cases, 1968–2009 · leading case: Shellburne, Inc. v. Roberts, 238 A.2d 331 (Del. 1968).

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Shellburne, Inc. v. Roberts, 238 A.2d 331 (Del. 1968). · cites it 3× “3 Shellburne contends that the appeal is not barred by the 60 day limitation because the Order of December 28, 1966 was an interlocutory order; and it claims the benefit of 10 Del.C. § 144 4 which permits the withholding of an appeal from an interlocutory order until final…”

Boerger v. Heiman, 965 A.2d 671 (Del. 2009). “…30 days after that decision was docketed. This argument lacks merit, as the first decision was interlocutory. See: 10 Del. C. § 144. 5 . Id. at 843.”

Coaxial Commc'ns, Inc. v. CNA Fin. Corp., 367 A.2d 994 (Del. 1976). “The issue argued by CNA is governed by 10 Del.C. § 144, which is determinative ; it provides: “A failure to appeal from an interlocutory order, .”

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