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   State Courts - Delaware - February 23, 2000

  
Frunzi v. Department of Pub. Safety, Div. of State Police, C.A. No. 98A-01-010-WTQ, C.A. No. 98A-03-004-WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 23, 2000, Decided
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Overview: Unemployment insurance appeal board could assume jurisdiction on its own motion after expiration of filing period because clerical error prevented timely filing of appeal. Policeman's association with pedophile was just cause for termination.

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In re Alonte, File No. 99-06-26TN, Petition No. 99-20709, FAMILY COURT OF DELAWARE, NEW CASTLE, February 23, 2000, Decided
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Overview: Due to incarceration and lack of effort to maintain relationship with children while incarcerated, father failed to plan for his children; State established grounds for termination of his parental rights.

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Reise v. Board of Bldg. Appeals, No. 75, 1999, No. 109, 1999, SUPREME COURT OF DELAWARE, February 23, 2000, Decided
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Overview: On appeal of a court's decision dismissing appellants' petition for writ of certiorari, the judgment was reversed because the court did in fact have jurisdiction to hear the case.

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Riggs Nat'l Bank v. Boyd, C.A. No. 96C-05-122-WTQn11 The Court apologizes to Counsel and particularly to the parties for the delay in issuing this Opinion. The case was argued during a period of some personal difficulty, and the current work load and some agonizing over one issue, made it difficult to get the Opinion to the front burner., SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 23, 2000, Decided
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Overview: In a medical malpractice action, evidence of the prior suspension and revocation of a physician's medical license was excluded as evidence of prior bad acts.

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Rowlands v. Lai, C.A. No. 95C-06-006 (JTV), SUPERIOR COURT OF DELAWARE, KENT, February 23, 2000, Decided
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Overview: Motion for remittitur was denied where a jury award for a medical operation that left plaintiff permanently disfigured was not so grossly excessive as to shock the conscience or sense of justice.

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Rowlands v. Lai, C.A. No. 95C-06-006 (JTV), SUPERIOR COURT OF DELAWARE, KENT, February 23, 2000, Decided
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Overview: Plaintiffs were awarded expert witness fees based on court's guidelines, court costs, and judgment interest, after winning medical negligence case.

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State v. Wright, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, KENT, February 23, 2000, Decided
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Overview: In criminal prosecution for unlawful sexual contact, motion for bill of particulars denied where defendant had already obtained at preliminary hearing all information which could be reasonably sought by bill of particulars.

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Taylor v. State, No. 220, 1999, SUPREME COURT OF DELAWARE, February 23, 2000, Decided
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Overview: Where the trial court's definition of "preponderance of the evidence" was legally sufficient, trial counsel could not have been faulted for failing to object to the instructions or to raise the issue on appeal.

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Wagner v. Hendry, Civil Action No. 16364, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 23, 2000, Date Decided
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Overview: Plaintiff presented clear and convincing evidence that she intended downpayment to function as purchase money for property. Defendants would be unjustly enriched if they kept it; thus, trust for half downpayment was imposed.

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