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PLUMMER v. R.T. VANDERBILT CO., INC.

No. 482, 2011.

49 A.3d 1163 (2012)

Elizabeth PLUMMER, Individually and as Executrix of the Estate of Edmond Plummer, Sr. deceased and Edmond Plummer, Jr., John Plummer, and James Plummer as Surviving Children of Edmond Plummer, Sr., deceased, Plaintiffs Below-Appellants, v. R.T. VANDERBILT COMPANY, INC., Defendant Below-Appellee.

Supreme Court of Delaware.

Decided: July 19, 2012.

Attorney(s) appearing for the Case

Robert Jacobs, Esquire (argued) of Jacobs & Crumplar P.A., Wilmington, Delaware, for Appellant.

Jeffrey M. Weiner, Esquire of the Law Offices of Jeffrey Weiner, Wilmington, Delaware, for Robert Jacobs, Esquire.

Joseph S. Naylor, Esquire (argued) of Swartz Campbell LLC, Wilmington, Delaware, for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.

RIDGELY, Justice:

Plaintiffs-Below/Appellants Elizabeth, Edmond, John and James Plummer (collectively, the "Plummers"), filed an appeal from a Superior Court order granting summary judgment in favor of Defendant-Below/Appellee R.T. Vanderbilt Co., Inc. ("Vanderbilt"). Vanderbilt has moved to dismiss the Plummers' appeal as untimely. Vanderbilt takes the position that the Superior Court's June 28, 2011 dismissal order (the "June 28 Order") was the final order in the...

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