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   State Courts - Delaware - February 1 - February 2, 2000

  
CSI Mgmt. Corp. v. Gambacorta Buick, Inc., C.A. No. 1998-03-033, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, February 1, 2000, Decided
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Overview: Previous order dismissing appeal for failure to prosecute was affirmed, where appellants filed answer after matter was scheduled for pretrial conference, and entered appearance after default judgment had been filed.

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Downing v. Downing, PETITION NO. 99-35367, FAMILY COURT OF DELAWARE, NEW CASTLE, February 1, 2000, Decided
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Overview: Modification of alimony was warranted. Court imputed adjusted income to both parties and lowered wife's alimony award.

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Eberhard v. A+ Floor Store, Inc., C.A. NO. 99-03-0065AP, COURT OF COMMON PLEAS OF DELAWARE, KENT, February 1, 2000, Decided
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Overview: Since installer arrived with carpet under direction of sales manager and brought blueprints of layout of plaintiff's house, court entered judgment on behalf of plaintiff for breach of contract, holding that installer was an agent of defendant.

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Falchuk v. Falchuk, FILE NO. CN99-06059, PETITION NOS. 99-04663, FAMILY COURT OF DELAWARE, NEW CASTLE, February 1, 2000, Decided
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Overview: Delaware pre-nuptial agreement that severely limited wife's rights was enforceable where wife was sophisticated, husband made full disclosure, and wife received advice from her own counsel.

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Falchuk v. Falchuk, File No. CN99-06059, Case No. 99-01329, FAMILY COURT OF DELAWARE, NEW CASTLE, February 1, 2000, Decided
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Jackson v. Lobue, Civil Action No. 1999-07-325, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, February 1, 2000, Decided
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Overview: Workman's compensation claimant's legal malpractice suit not dismissed for statute of limitations; evidence did not indicate whether plaintiff's knowledge of malpractice was inherently unknowable by her blameless ignorance to start period.

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Shah v. Shah, C.A. No. 904K, COURT OF CHANCERY OF DELAWARE, KENT, February 1, 2000, Decided
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Overview: Following dissolution of partnership, majority partner was required to reimburse partnership for prejudgment interest on improper management fees and for attorney fees expended out of partnership funds for his own benefit.

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Draper King Cole v. Malave, C.A. No. 97A-12-003 HDR, SUPERIOR COURT OF DELAWARE, KENT, February 2, 2000, Decided
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Kohler v. David E. Hughes & Moonland Constr., C. A. No. 98L-12-117, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 2, 2000, Decided
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Overview: Plaintiffs' motion to reargue defendants' motion to vacate a default judgment in their action seeking mechanic's lien was denied. Defendants' lack of timely response was the product of excusable neglect.

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