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   State Courts - Delaware - January 28, 2000

  
Aceto v. State, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, SUSSEX, January 28, 2000, Decided
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Overview: Where the trial court gave a criminal negligence jury instruction that tracked the criminal negligence statute and the 1974 suggested jury instructions, there was no error and the conviction of vehicular assault was affirmed.

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Blackstock v. J.S. Alberici Constr., C.A. No. 98A-05-012 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 28, 2000, Decided
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Overview: The court affirmed the termination of partial disability benefits where there was substantial evidence supporting the finding that appellant was malingering.

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Boyd v. State, No. 464, 1999, SUPREME COURT OF DELAWARE, January 28, 2000, Decided
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Overview: The court affirmed an enhanced sentence for delivery of cocaine based upon prior cocaine convictions; appellant's argument that the enhancement statute did not apply to simple possession offenses was facially wrong.

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Diane M.P. v. Ronald E.P., File No. CN90-10850, Petition No. 98-19647, FAMILY COURT OF DELAWARE, NEW CASTLE, January 28, 2000, Decided
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Overview: It was not in the children's best interests to grant the mother a custody modification, where the mother had failed to follow the original custody order, and the children had prospered while living with the father.

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Dixon v. State, No. 519, 1999, SUPREME COURT OF DELAWARE, January 28, 2000, Decided
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Overview: Motion to affirm was granted because appeal was without merit on face of opening brief and because any deficiency in arrest was cured by information, and voluntary dismissal of appeal without prejudice could not be allowed.

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Eisenmann Corp. v. GMC, C.A. No. 99C-07-260-WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 28, 2000, Decided
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Overview: Plaintiff's breach of contract claims by defendant withstood dismissal where forum change was a burden, plaintiff established reliance under promissory estoppel, and established it was never paid for work performed.

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Gilman v. Kent County Dep't of Planning, C.A. No. 99A-05-001 HDR, SUPERIOR COURT OF DELAWARE, KENT, January 28, 2000, Decided
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Overview: Adjustment board's decision denying an application for an area variance was overturned. The board applied an incorrect legal standard and failed to make particularized findings of fact and conclusions of law when issuing its decision.

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Goldberg v. Hersman, 98-02-209, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, January 28, 2000, Decided
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Overview: Rental agent was not entitled to venue change in suit involving renter and owner where they waited a year after filing an answer to request a venue change and minimal hardship and inconvenience was shown.

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In re Marriage of Greenley, File No. CN96-8662, Petition No. 96-18295, FAMILY COURT OF DELAWARE, NEW CASTLE, January 28, 2000, Decided
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Overview: Husband did not prove that residence would have sold for more previously and wife was not unreasonable by refusing its immediate sale. Alimony arrears would be deducted. Wife would receive part of husband's pension.

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Infinity Investors Ltd. v. Takefman, Civil Action No. 17347, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 28, 2000, Date Decided
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Overview: Plaintiff's claim that it validly converted stock and rightfully controls board was moot since no dispute existed between parties over who held company's directorships or over validity of the stock conversion or board action.

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