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| Benge v. Oak Grove Motor Court, Inc. (In re Benge), C.A. No. 1837-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 7, 2006, Decided , February 7, 2006,Filed
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Overview: Motion for reargument was denied because pursuant to Del. Code Ann. tit. 13, § 507 and Del. Code Ann. tit. 10, § 925, the family court, not the court of chancery, was the proper tribunal to hear the father's action concerning a marital property division agreement and claim for equitable relief.
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| Deloitte & Touche United States LLP & Deloitte Tax LLP v. Lamela, Civil Action No. 1542-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: Scope of a preliminary injunction restraining a tax advisor's consultant from soliciting or performing services for various companies to cover nine of the tax advisor's clients which the court did not include in said injuction was not expanded, as said companies retained tax advisory service providers based on competitive bidding.
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| In re Lodge, No. 576, 2005,
SUPREME COURT OF DELAWARE, February 7, 2006, Decided
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Overview: Inmate's petition for writ of prohibition, asking for review of a certified question as to inmates not serving a sentence under the Truth-in-Sentencing Act of 1989 being able to receive a modification of sentence under Del. Code Ann. tit. 11, § 4217, was dismissed as inmate had not alleged superior court had exceeded the limits of its jurisdiction.
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| In re Trust Agreement of Capaldi, No. 394, 2005,
SUPREME COURT OF DELAWARE, February 7, 2006, Decided
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Overview: In a trust case, an award of attorneys' fees was proper as the costs to the trust of the litigation initiated by those seeking the fees outweighed any benefit to the trust, they only prevailed on a small part of their goals, and counsel did not allocate fees between claims on which they were successful and claims on which they were unsuccessful.
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| Richards v. State, No. 366, 2005,
SUPREME COURT OF DELAWARE, February 7, 2006, Decided
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Overview: Defendant's appeal of a finding that he violated probation, and his sentence, were wholly without merit and devoid of any arguably appealable issue, and his counsel made a conscientious effort to examine the record and properly found defendant could raise no meritorious claim, under Del. Sup. Ct. R. 26(c).
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| State v. Wheeler, I.D. No. 0506009181,
SUPERIOR COURT OF DELAWARE, KENT, February 7, 2006, Verdict Issued; February 8, 2006, Order
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Overview: Evidence that defendant possessed marijuana, while driving around in a vehicle for a few days prior to his arrest and fixing a mirror therein, was sufficient to support his conviction of possessing a controlled substance in a vehicle. Further, based on his admissions, he was also convicted of possessing marijuana and drug paraphernalia.
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| Jackson v. Madric, C.A. No. 03C-12-029 ESB,
SUPERIOR COURT OF DELAWARE, SUSSEX, February 8, 2006, Decided
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Overview: Where an injured motorist was the prevailing party in her negligence action against a driver who admitted liability for a motor vehicle accident, and she was awarded monetary damages by the jury, she was entitled to expert witness fees as costs pursuant to Del. Super. Ct. R. Civ. P. 54 and Del. Code Ann. tit. 10, § 8906.
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| Muhammad v. Bank of N.Y., No. 229, 2005,
SUPREME COURT OF DELAWARE, February 8, 2006, Decided
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Overview: Appeals court lacked jurisdiction over an individual's appeal as (1) his motion for reargument was untimely; and (2) said motion did not toll the 30-day time period to appeal under Del. Sup. Ct. R. Civ. P. 6(a)(i).
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