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State Courts -
Delaware - January 24, 2006
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Libeau v. Fox, No. 309, 2005,
SUPREME COURT OF DELAWARE, January 24, 2006, Decided
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Overview: Trial court properly held that an owner waived her statutory rights to partition under Del. Code Ann. tit. 25, ?? 721, 724, 729, and 733 where she and the co-owners agreed to a procedure to sell their interests in a beach house that was inconsistent with a partition action. An explicit disclaimer of her partition rights was not required.
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Sanchez v. Vinson, C.A. No. 05M-12-007,
SUPERIOR COURT OF DELAWARE, SUSSEX, January 24, 2006, Decided
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Overview: Although a trial court granted an inmate's motion to proceed in forma pauperis, a review of his mandamus petition, as well as of the criminal file, required dismissal of the action with prejudice under Del. Code Ann. tit. 10, ? 8803(b), as the petition was legally and factually frivolous.
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