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9 Storey 174

215 A.2d 457

Malcom v. Dempsey

Supreme Court of Delaware

Decided December 3, 1965

Supreme Court of Delaware · decided 1965-12-03

Cited by 2 later decisions — most recently October 1969

2 state decisions

Relies on Haveg Corporation v. Guyer · Alexander Industries, Inc. v. Hill · Malcom v. Dempsey

Good law ✅— No negative treatment on recordhow we know

Decided 1965-12-03

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*175 PER CURIAM.

¶1 As may be seen from our prior decision reported at 209 A.2d 159 (1965), this case, a negligence action, was remanded to the Superior Court for new trial. It appears that, on the remand, the plaintiff attempted to obtain final disposition of the cause by summary judgment rather than by trial. The Superior Court denied the plaintiffs motion for summary judgment and ordered the case for trial.

¶2 The action of the Superior Court was correct because it was in conformity with the mandate of this Court. Moreover, the denial of summary judgment is not appealable because, as is generally the case, it neither adjudicated any legal right nor settled any substantial issue. Alexander Industries v. Hill, Del., 211 A.2d 917 (1965); Haveg Corporation et al. v. Guyer, Del., 211 A.2d 910 (1965).

¶3 The appeal is dismissed.

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