Delaware, July, 2003, State Case law

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State Courts - Delaware - July 21 - July 24, 2003

Cave v. New Castle County, C.A. NO. 02A-11-006 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 21, 2003, Decided
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Overview: Landowners challenging a county council's approval of a land use plan did not have standing, as no statute granted them standing and they could not show an interest in the enforcement of land use ordinances distinguishable from the public in general.

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Glenn v. State, No. 230, 2003, SUPREME COURT OF DELAWARE, July 21, 2003, Decided
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Overview: Where claims of ineffective assistance of counsel were not properly considered as part of a motion for correction of sentence, the trial court properly denied defendant's motion.

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Olson v. Motiva Enters., C.A. No. 02C-04-263 JRS (Consolidated for discovery with: C.A. No. 02C-05-168 JRS, C.A. No. 02C-05-169 JRS, C.A. No. 02C-05-190 JRS), SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 22, 2003, Decided
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Overview: Consolidation of personal injury action with property damage and subrogation actions arising from same facts would result in undue prejudice and confusion, due to differing fundamental issues, and risk of inconsistent verdicts was not determinative.

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Volair Contrs., Inc. v. AmQuip Corp., No. 575, 2002, SUPREME COURT OF DELAWARE, July 22, 2003, Decided
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Overview: Crane operator was not an employee of party that engaged him, under borrowed servant doctrine. As such, the engaging party was not barred from contractual indemnification under a statute preventing that party from contracting away its own negligence.

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Brown v. State, No. 703, 2002, SUPREME COURT OF DELAWARE, July 23, 2003, Decided
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Overview: Upon finding a violation of probation, the court had discretion to reimpose any period of incarceration left on defendant's sentence. The appeal was without merit and devoid of any arguably appealable issue. The withdrawal motion was moot.

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Total Care Physicians, P.A. v. O'Hara, C.A. NO. 99C-11-201-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 23, 2003, Decided
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Overview: Medical group seeking certification for interlocutory appeal of certain trial court rulings did not show those rulings determined a substantial issue or established legal right, as legal principles involved were not unprecedented or controversial.

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Wilson v. Mackiewicz, C.A. No. 02A-07-014-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 23, 2003, Decided
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Overview: The alleged creditor's time to appeal a dismissal of her debt action had run and a sanction hearing regarding her complaint, unlike a motion for reargument or a motion for new trial, did not toll the time for appeal.

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Wingate v. Div. of Family Servs., No. 63, 2003, SUPREME COURT OF DELAWARE, July 23, 2003, Decided
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Overview: Family court's dismissal of grandparents' adoption petition and denial of their motion to consolidate were error; rulings on them should have been stayed until pending appeal of denial of pre-adoptive placement application was decided.

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Behrens v. Behrens, No. 12, 2003, SUPREME COURT OF DELAWARE, July 24, 2003, Decided
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Overview: Father was not entitled to specifically enforce mother's promise contained in a stipulation and order to cap amount of child support he would have to pay, as parties could not contract away the rights of their children to be adequately supported.

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State v. Kelly, I.D. No. 0210011861, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 24, 2003, Decided
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Overview: The stop and detention of defendant violated the Fourth and Fourteenth Amendments of the United States Constitution and the Delaware Constitution because the only basis the officers had to suspect criminal activity was defendant's race.

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