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   State Courts - Delaware - July 14 - July 17, 2000

  
Christine F. v. Graham H., FILE NO. CN93-09954, PETITION NO. 98-40435, 99-33359, 97-18615, FAMILY COURT OF DELAWARE, NEW CASTLE, July 14, 2000, Decided
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Overview: In mother's divorce action against husband, court denied mother's motion, and granted father's motion to modify custody of child, considering statutory factors, by retaining joint legal custody and granting to father primary physical custody.

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Paczkowski v. Haller, No. 154, 2000, SUPREME COURT OF DELAWARE, July 14, 2000, Decided
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Overview: Criminal had no "clear legal right" to have public defender's office provide him with materials from his criminal file, and writ of mandamus would not be issued where there was an adequate remedy at law.

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Robinson v. Metal Masters, Inc., C.A. No. 99A-12-004 HDR, SUPERIOR COURT OF DELAWARE, KENT, July 14, 2000, Decided
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Overview: In worker's compensation action, decision of industrial accident board was reversed where board's decision incorrectly applied third Cox factor in awarding attorneys' fees; thus, board's abuse of discretion required reversal.

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Smith v. Caldwell, Civil Action No. 00-05-057, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, July 14, 2000, Decided
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Overview: Owner of dog, for purposes of dangerous dog statute, included any person who kept, harbored, or was custodian of dog, where father unsuccessfully argued he was not owner of dog, and that his minor son was actual owner.

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Wharton v. Wharton, No. 114, 2000, SUPREME COURT OF DELAWARE, July 14, 2000, Decided
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Design Exch. Architects v. Sarro, C. A. No. 98-04-044, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, July 15, 2000, Decided
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Overview: Owners' subsequent conduct ratified terms of contract. Architect performed its obligation by providing finished product. Owners breached contract by failing to pay.

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In re Delta & Pine Land Co. Shareholders Litig., Consolidated Civil Action No. 17707, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 17, 2000, Decided
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Overview: Defendant's motion to stay crossclaim plaintiff's claim in Delaware shareholder derivative suit was granted in favor of defendant's earlier-filed breach of contract suit in Mississippi; crossclaim did not relate back.

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Spruill v. Body Beaute, C.A. No. 98-06-189, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, July 17, 2000, Decided
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Overview: Judgment was entered for a company in a customer's breach of contract action; it was the parties' intention that the customer authorized the company to charge her credit card for periodic payments to satisfy the contract for services.

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Trone v. Del. Alcoholic Bev. Control Comm'n, No. 588, 1999, SUPREME COURT OF DELAWARE, July 17, 2000, Decided
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