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   State Courts - Delaware - July 17, 2001

  
D & G v. Horton, C.A. 00A-10-007-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 17, 2001, Decided
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Overview: Since parties' valid agreement did not consider title to cars important, recycler could not use statutory violation as defense to non-performance.

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Dudlek v. Jackson, C.A.No. 00C-09-128-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 17, 2001, Decided
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Overview: Mention of possible second suit in order that dismissed first suit for failure to comply with service requirements was not intended as a ruling concerning whether second suit could be filed. Motion for reargument/clarification was denied.

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Harley v. Brown, No. 354, 2000, SUPREME COURT OF DELAWARE, July 17, 2001, Decided
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Indus. Rentals, Inc. v. New Castle County Bd. of Adjustment, No. 233, 2000, SUPREME COURT OF DELAWARE, July 17, 2001, Decided
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Overview: If deed restriction had been satisfied then it no longer was deed restriction. Phrase "projects containing deed restrictions requiring phasing" in New Castle County, Delaware, development code meant presently existing deed restrictions.

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State v. Bloomingdale, ID # 9906013775, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 17, 2001, Decided
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Overview: In criminal appeal, case was remanded to reconsider post-trial motions where trial court lost jurisdiction after defendant noticed his appeal to appellate court. Trial court's post trial decision vacating DUI conviction was out of order.

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State v. Norcross, I.D. No. 0002006278, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 17, 2001, Decided
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Overview: Since a jury verdict could be impeached only by evidence of extrinsic influences and it could not be impeached by evidence of intrinsic influences, defendant's motion for a new trial was denied.

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