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   State Courts - Delaware - December 28 - December 30, 1999

  
Doran v. State, No. 39, 1999, SUPREME COURT OF DELAWARE, December 28, 1999, Decided
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Overview: Appellant had no legitimate claim to seized currency and toys, since they appeared to have been obtained as a result of commission of a crime, and as to a gun that appeared to have been used in the commission of a crime.

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State v. Butler, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, December 28, 1999, Date Decided
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Overview: Search warrant based on information supplied by police officers in neighboring state and their past-proven confidential informant, and corroborated by Delaware officers, met totality of circumstances test for probable cause.

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Wilmington Trust Co. v. Wilson's Elecs., C.A. No. 99C-01-266 - CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, December 28, 1999, Decided
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Wyant v. O'Bryan, C.A. No. 95C-10-053-CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, December 28, 1999, Decided
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Overview: Plaintiff's motion for declaratory judgment was denied. Her insurance statutorily barred her from seeking damages against a defendant who was intoxicated and caused the accident, but who was not charged with driving under the influence.

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In re Marriage of L. E. P., File No. CN93-06359, Petition No. 98-20562, FAMILY COURT OF DELAWARE, NEW CASTLE, December 30, 1999, Decided
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Overview: In divorce action, wife was denied alimony where she failed to prove she was "dependent" on husband for support. Husband was denied claim for credit for charge card payments where he failed to produce verification of balances on debts.

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Jms Co. v. Bear, C.A. No.99L-08-017-CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, December 30, 1999, Decided
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Overview: Defendants' motion for summary judgment was denied because plaintiff filed a demand for arbitration within the applicable time limit after the architect's decision became final.

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L.L. v. L.P., File Nos. CN97-12073 and CN97-12151, Petition Nos. 97-39925 and 97-40112, FAMILY COURT OF DELAWARE, NEW CASTLE, December 30, 1999, Decided
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Overview: Court found that it was in children's best interests to have visitation with grandparents. Father's objection was without legal foundation as neither father's parents nor his in-laws had standing to petition for visitation with children.

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Rss Acquisition v. Dart Group Corp., C.A. No. 99C-05-275-WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, December 30, 1999, Date Decided
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Overview: Motion to dismiss contract action denied where arbitration record was unclear; thus, res judicata could not be applied to preclude suit. However, idled asset claim was dismissed where record indicated claim was litigated.

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State v. Kozak, K99-06-0385A, K99-06-0386A, SUPERIOR COURT OF DELAWARE, KENT, December 30, 1999, Decided
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Overview: Trial court properly dismissed action against defendant for unreasonable delay in bringing case to trial; fact that plaintiff State's witness left before trial was attributable to plaintiff, and defendant was prejudiced by delay in trial.

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Thompson v. Hayward Indus. Prods., C.A. No. 97C-12-277 WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, December 30, 1999, Date Decided
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Overview: Where injured worker's claims related to duties outside of independent contractor's scope of their undertaking, such claims were dismissed under summary judgment; however, claim related to negligent installation remained.

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