Delaware, February, 2002, State Case law

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State Courts - Delaware - February 19, 2002

Berti v. Trinidad, No. 435, 2001, SUPREME COURT OF DELAWARE, February 19, 2002, Decided
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Cerullo v. Harper Collins Publrs., C.A. No. 01C-03-21-CHT, C.A. No. 01C-03-22-CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 19, 2002, Decided
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Overview: Motion to dismiss was denied because Delaware's Borrowing Statute did not prevent Delaware resident from bringing action in Delaware against defendant who was subject to jurisdiction of Delaware courts, even though action arose out-of-state.

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Evans v. State, No. 588, 2001, SUPREME COURT OF DELAWARE, February 19, 2002, Decided
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Overview: Issuance of writ of mandamus was within discretion of the trial court. A writ of mandamus was not available to correct alleged trial court errors that were subject to ordinary appellate review.

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Foster v. State, No. 357, 2001, SUPREME COURT OF DELAWARE, February 19, 2002, Decided
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Gillen v. 397 Props. L.L.C., C.A. No. 18822, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 19, 2002, Revised
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Overview: Complaint seeking accounting and to pierce corporate veil did not allege facts sufficient to support claim of fraud with degree of specificity required and was dismissed.

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Green v. St. Francis Hosp.Inc., No. 531, 2000, SUPREME COURT OF DELAWARE, February 19, 2002, Decided
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Overview: Statement of declarant who personally perceived and made contemporaneous statement regarding triggering event was properly admitted through witness who failed to recall event for years, as this went to weight of evidence, not admissibility.

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LeCato v. State, No. 565, 2001, SUPREME COURT OF DELAWARE, February 19, 2002, Decided
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Overview: The trial court properly denied defendant's motion for postconviction relief, as defendant did not receive ineffective assistance of counsel, and there was sufficient evidence to support an enhanced sentence as a habitual offender.

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McDonald's Corp. v. Zoning Bd. of Adjustment for Wilmington, C.A. No. 01A-05-011 CG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 19, 2002, Decided
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Overview: Fast food chain's appeal of Delaware zoning board decision was premature when it occurred after board issued oral decision but before any written opinion had been issued or filed.

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Mid-Atlantic Sys. of DPN v. Wasson, C.A. No. 2000-12-312, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, February 19, 2002, Decided
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Overview: Where homeowners proved that a waterproofing business did some work in their basement but did not perform the contract fully or in a workmanlike manner on all aspects, the business was only entitled to recover a portion of its claim.

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Olkowski v. Suvie, Civil Action No. 2001-11-249, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, February 19, 2002, Decided
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Overview: Where counsel was unable to file a timely notice of appeal because the court was closed, he used an outdated notice of appeal form, and he did not realize that he could file the notice of appeal separately from the transcript, it was deemed timely.

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