MUMMERT v. WIGGIN


616 A.2d 325 (1992)

Jack MUMMERT, Patricia Mummert, and Holly Oak Service Center, Inc., Defendants Below, Appellants, v. William E. WIGGIN and Jane R. Wiggin, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: October 28, 1992.


Attorney(s) appearing for the Case

Jonathan B. Taylor, Taylor & Gruver, P.A., Wilmington, for appellants.

Clark W. Furlow and Brett D. Fallon, Smith, Katzenstein & Furlow, Wilmington, for appellees.

Before HORSEY, MOORE and WALSH, JJ.


PER CURIAM.

The preliminary question we address is the finality for appellate purposes of an order of the Court of Chancery, denominated a "Final Order and Judgment" (the order), granting an injunction to the plaintiffs. The defendants have appealed, but no stay has been issued or a supersedeas bond posted. Among other rulings, the trial court specifically retained jurisdiction to enforce the terms of the injunction. In the absence of a stay, a court of equity retains...

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