Delaware, February, 2004, State Case law

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State Courts - Delaware - February 27 - March 1, 2004

Bren v. Capital Realty Group Senior Hous., Inc., Civil Action No. 19902-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 27, 2004, Decided
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Overview: In noteholder's suit against real estate limited liability partnership for final note payment and breach of fiduciary disclosure duties, equity court, in part, applying laches, dismissed fiduciary claims related to 1998 asset sale.

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City of Dover v. Hunter, C.A. No. 01T-01-003 JTV, SUPERIOR COURT OF DELAWARE, KENT, February 27, 2004, Decided
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Overview: A mortgagor's excusable neglect allowed a trial court to set aside a tax sale held in a city's monition proceeding, as tax payments had been erroneously credited to a different parcel of land.

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Palmer v. Moffat, CA No. 01C-03-114-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 27, 2004, Decided
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Overview: Failure of ousted member of limited liability company to show any actual damages resulting from fellow investors' alleged wrongful conduct, or any basis for awarding nominal damages, led to entry of summary judgment against him.

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State v. Bass, ID #: 9607012102, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 27, 2004, Decided
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Overview: Where defendant's second pro se postconviction motion was too late, repetitive, and the issues had been previously litigated, the motion was denied.

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Turner v. Unemployment Ins. Appeals Bd., C.A. No. 03A-05-002-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, February 27, 2004, Decided
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Overview: Delaware Unemployment Insurance Appeals Board had adequate evidence to find that a claimant did not have good cause to quit her job, nor had she exhausted her administrative remedies, and her disqualification of benefits was proper.

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Vanaman v. Cobb, No. 266, 2002, SUPREME COURT OF DELAWARE, February 27, 2004, Decided
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Haith v. State, No. 6, 2003, SUPREME COURT OF DELAWARE, March 1, 2004, Decided
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Overview: Confidential informant (possibly defendant's wife) had proven track record of accuracy justifying issuance of search warrant; failure of trial court to order disclosure of informant's identity was only harmless error, at worst.

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Hamby v. State, No. 504, 2003, SUPREME COURT OF DELAWARE, March 1, 2004, Decided
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Overview: Where defendant's counsel made a conscientious examination of the record for arguable claims and the record was found to be totally devoid of at least arguably appealable issues, defendant's conviction was affirmed.

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In re Wilberger, No. 582, 2003, SUPREME COURT OF DELAWARE, March 1, 2004, Decided
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Wyatt v. Wyatt, No. 524, 2003, SUPREME COURT OF DELAWARE, March 1, 2004, Decided
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