Delaware, March, 2004, State Case law

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State Courts - Delaware - March 26 - March 29, 2004

C.F. Schwartz Motor Co. v. Int'l Truck & Engine Corp., C.A. No. 03C-05-011 HDR, SUPERIOR COURT OF DELAWARE, KENT, March 26, 2004, Decided
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Overview: Where a franchisee's contract with a manufacturer only contemplated repairs, the franchisee was a "new motor vehicle dealer" entitled to relief under the Motor Vehicle Franchising Practices Act when the franchise was terminated.

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Cannon v. Pritchard, No. 534, 2003, SUPREME COURT OF DELAWARE, March 26, 2004, Decided
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Overview: Where an injured party did not complete his portion of a pretrial stipulation and did not request a continuance of the trial, the superior court did not abuse its discretion by dismissing the case for failure to prosecute.

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Ryland Group v. Santos Carpentry Co., C.A. No.: 00C-09-056 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 26, 2004, Decided
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Overview: General contractor's tort and contract claims against framing subcontract based on homeowners' allegations of structural defects were time-barred; general contractor could not claim delayed discovery where it failed to properly inspect.

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Ryland Group, Inc. v. Santos Carpentry Co., C.A. No.: 00C-09-056 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 26, 2004, Decided
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Brown v. Rite Aid Corp., Civil Action No. 094-N, COURT OF CHANCERY OF DELAWARE, SUSSEX, March 29, 2004, Decided
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Overview: A motion to expedite a statutory advancement proceeding against a corporation was a superfluous motion where the advancement proceeding was already a summary action. The motion to expedite was denied.

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Burton v. Burton, No. 484, 2003, SUPREME COURT OF DELAWARE, March 29, 2004, Decided
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Overview: Where, despite notice, a husband did not complete a financial report and did not request an extension, the court did not abuse its discretion in adopting a wife's form of order and awarding her the parties' vehicle.

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State ex rel. Brady v. Manufactured Home Cmtys., Inc., No. 537, 2003, SUPREME COURT OF DELAWARE, March 29, 2004, Decided
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Overview: Where a proposed new form of rental agreement was not vague, but was an attempt to expand a landlord's right of entry beyond that granted by statute, the trial court properly determined the "rent cap" issue.

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