Judgment Not Appealable Pending Application for Fees
In Wellington Homes, Inc. v. State of Delaware, Ex Rel. M. Jane Brady, download file, the Supreme Court made clear, in an order, that a judgment of the Superior Court was not final and not appealable while a claim for attorneys' fees was still pending. This case involved claims against a developer resulting in a jury verdict against the developer for statutory penalties brought on behalf of the State by the Delaware Attorney General for alleged construction defects and related complaints.
