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| Branson v. Wilson, No. 116, 2006,
SUPREME COURT OF DELAWARE, May 12, 2006, Decided
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Overview: Because a family court's order only modified a mother's visitation on an interim basis pending a scheduled hearing, it was not a final order; consequently, the mother's appeal was dismissed pursuant to Del. Sup. Ct. R. 29(b) for the mother's failure to comply with Del. Sup. Ct. R. 42.
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| Colon v. State, No. 572, 2005,
SUPREME COURT OF DELAWARE, May 12, 2006, Decided
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Overview: Defendant's motion to reduce his sentence was properly denied, as: (1) he failed to allege extraordinary circumstances justifying consideration of the same more than 90 days after sentencing, (2) the Department of Corrections did not seek modification under 11 Del. C. § 4217; and (3) he failed to timely file a Del. Super. Ct. Crim. R. 35(b) motion.
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| Sobolak v. Potts Welding & Boiler Repair Co., Inc., C.A. No. 05A-06-003 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 12, 2006, Decided
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Overview: A decision of the Delaware Industrial Accident Board finding that an employee failed to prove exposure to benzene was affirmed; the Board, as was its task, weighed the conflicting testimony regarding the employee's exposure to benzene and found that the employee had not met his burden in front of the Board.
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| Street Search Ptnrs., L.P. v. Ricon Int'l, L.L.C., C.A. No. 04C-09-191-PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 12, 2006, Decided
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Overview: In a lender's suit against a debtor, a third party was not entitled to intervene, under Del. Super. Ct. R. Civ. P. 24, to pursue the lender's claim, because it had no independent claim, nor could it be substituted for the lender, under Del. Super. Ct. R. Civ. P. 25, as it had no legal interest in the suit, so a substitution would be champertous.
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| Town of S. Bethany v. Nagy, Civil Action No. 781-S,
COURT OF CHANCERY OF DELAWARE, SUSSEX, May 12, 2006, Decided , May 12, 2006, Filed
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Overview: In an action seeking removal of a dock, a town was entitled to summary judgment, as the dock owners failed to show that their dock qualified as a legal nonconforming use, the town properly enacted an ordinance banning floating docks under its police powers, and as result, the town would be irreparably harmed, forcing the owners to remove the same.
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| Winterthur Museum, Inc. v. Mowbray, C.A. No. 05A-09-002 MMJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 12, 2006, Decided
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Overview: The Delaware Industrial Accident Board properly ruled in a claimant's favor concerning a work injury; in light of a physician's unrebutted testimony, the injury was related to the claimant's performance of repetitive tasks during his employment. Inconsistencies in the claimant's testimony were found to be immaterial.
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| Ward v. State, No. 18, 2006,
SUPREME COURT OF DELAWARE, May 15, 2006, Decided
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Overview: Because defendant's first three claims would require a review of the entire trial proceedings, and not just his sentences, no relief was available to him under Del. Super. Ct. R. Crim. P. 35(a); because defendant was properly convicted and sentenced, there was no basis in law or fact for his Thirteenth Amendment claim of involuntary servitude.
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| Whiteman v. State, No. 13, 2006,
SUPREME COURT OF DELAWARE, May 15, 2006, Decided
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Overview: Because none of defendant's Del. Super. Ct. R. Crim. P. 35(a) postconviction claims were raised in the trial court and/or had already been adjudicated, pursuant to Del. Sup. Ct. R. 8, the claims were waived; consequently, pursuant to Del. Sup. Ct. R. 25(a), defendant's appeal lacked merit.
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