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   State Courts - Delaware - February 14, 2000

  
Bickling v. Bickling, C.A. No. 1726-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, February 14, 2000, Decided
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Overview: Summary judgment was inappropriate in son's action against mother regarding incompetent husband's trust; whether mother breached fiduciary by failing to divert husband's separate income into trust was factual issue for trial.

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Blythe v. Blythe, File No. CN98-08967, Petition No. 00-02911, FAMILY COURT OF DELAWARE, NEW CASTLE, February 14, 2000, Decided
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Overview: Where the court found that the husband was unable to even meet his own needs, let alone contribute to the wife's needs, the wife's motion for interim alimony was denied.

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Briscoe v. State, No. 494, 1999, SUPREME COURT OF DELAWARE, February 14, 2000, Decided
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Gillespie v. Sussex County, No. 169, 1999, SUPREME COURT OF DELAWARE, February 14, 2000, Decided
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Overview: Annual sewer assessment charges were rationally related to a legitimate governmental purpose of creating a more equitable distribution between present and future users based on front footage.

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In re Estate of Artymenko, Register of Wills Folio No. 104407, Register of Wills Folio No. 110300, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 14, 2000, Decided
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Overview: Proceeds from wrongful death settlement were divided equally between decedent's estate and decedent's mother's estate. Decedent's sister could not sue for wrongful death in her own right under statute in effect at the time.

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In re Howard, No. 139, 1999, SUPREME COURT OF DELAWARE, February 14, 2000, Decided
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Overview: The court was without jurisdiction to issue a writ of mandamus to the Department of Correction; thus the court dismissed movant's petition for a writ of mandamus.

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In re Marriage of Salter, File No. CN99-10114, Petition No. 99-30981, FAMILY COURT OF DELAWARE, NEW CASTLE, February 14, 2000, Decided
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Overview: Where Delaware wife's health problems would not actually prevent workplace re-entry but her potential earnings were small, modest award of interim alimony, plus continuation of health insurance coverage, was appropriate.

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Perkins v. State, No. 24, 2000, SUPREME COURT OF DELAWARE, February 14, 2000, Decided
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Overview: Appellant did not meet any exception to the general rule mandating the timely filing of a notice of appeal. An appellant's pro se status did not excuse failure to strictly comply with the jurisdictional requirements.

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State v. Smullen, Cr. Action Nos. S99-05-0272, S99-05-0273, S99-05-0274, SUPERIOR COURT OF DELAWARE, SUSSEX, February 14, 2000, Date Decided
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Overview: Defendant's motion to dismiss charges pending against him in Delaware based on defective proceedings during extradition process in Maryland was dismissed since defendant chose wrong forum for review and lacked standing.

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