Zachman v. Real Time Cloud Services

• Court: Supreme Court of Delaware
• Decided: May 13, 2020
• Docket: 157, 2020
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

JAMES A. ZACHMAN, § § No. 157, 2020 Plaintiff Below, § Appellant, § Court Below: Court of Chancery § of the State of Delaware v. § § C.A. No. 9729 REAL TIME CLOUD SERVICES, § LLC, SANGEETA CHHABRA, CBS § ACCOUNTING PVT, LTD. § § Defendants Below, § Appellees, § § and § § REAL TIME DATA SERVICES, § LLC, § § Intervenor/Defendant Below, § Appellee. §

Submitted: May 12, 2020 Decided: May 13, 2020

ORDER

After consideration of the notice to show cause and the appellant’s response,

it appears to the Court that:

(1) The plaintiff-appellant, James Zachman, filed this appeal from a

memorandum opinion of the Court of Chancery, dated March 31, 2020, which

determined the fair value of Zachman’s interest in a Delaware limited liability company. The opinion directed the parties to confer and submit a proposed form of

order.

(2) The Chief Deputy Clerk of this Court issued a notice to the appellant to

show cause why the appeal should not be dismissed for the appellant’s failure to

comply with Supreme Court Rule 42 when appealing an apparent interlocutory

order. On May 12, 2020, Zachman filed a “notice of temporary withdrawal” of the

notice of appeal, indicating that he did not intend to appeal from an interlocutory

order and that he “will wait until a final order is issued to seek appeal.” The Court

deems Zachman’s filing to be a request for voluntary dismissal without prejudice. 1

NOW, THEREFORE, IT IS ORDERED that this appeal is hereby

DISMISSED without prejudice. Any docketing fee paid to this Court by the

appellant in conjunction with this appeal may be applied to a future appeal filed by

the appellant from the Court of Chancery’s final order.

BY THE COURT:

/s/ James T. Vaughn, Jr. Justice

1 See Rohlf v. BNY Mellon Trust of Del., 2011 WL 5987654 (Del. Nov. 30, 2011) (dismissing apparent interlocutory appeal without prejudice upon appellant’s filing of voluntary dismissal in response to notice to show cause).