Delaware, July, 2002, State Case law

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State Courts - Delaware - July 31 - August 7, 2002

Beeghley v. Hilk, C.A. No. 99C-08-202 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 31, 2002, Decided
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Overview: Ex-wife's action seeking return of personal items from former marital residence by owners of home was dismissed, based on ex-wife's actions in failing to appear at, or cooperate in, depositions, and other discovery misconduct.

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McKinney v. Kent County Bd. of Adjustment, C.A. No. 01A-11-002, SUPERIOR COURT OF DELAWARE, KENT, July 31, 2002, Decided
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Overview: Court affirmed zoning board's decision to grant variance for remodeling to music store, its property in business zone; remodeling did not enlarge setback nonconformity, based upon board's reasonable linear, rather than square footage, standards.

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Spiedel v. St. Francis Hosp., Inc., C.A. No. 98C-05-227 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 31, 2002, Decided
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Overview: Plaintiffs' application for an order certifying an appeal from an interlocutory order was denied, because no substantial issue within the meaning of the relevant court rule was decided in the interlocutory order concerning an arbitrator.

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Luzaich v. Brandywine Apts., C.A. No. 02-02-0078AP, COURT OF COMMON PLEAS OF DELAWARE, KENT, August 2, 2002, Decided
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Overview: Because a tenant gave written notice of his serious illness, the tenant complied with the notice provisions of the Delaware Code for early termination of the lease and was entitled to the return of a security deposit.

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Somerville S Trust v. USV Partners, LLC, C.A. No. 19446-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 2, 2002, Decided
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Overview: Inspection of financial records was ordered, as a member of a limited liability company needed only to show, by a preponderance of credible evidence, that wrongdoing may have occurred, not that the member's specific interest was adversely affected.

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Brittingham v. Daimler Chrysler, C.A. No. 02A-01-003 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 5, 2002, Decided
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Overview: An employee's award of disfigurement benefits by the Delaware Industrial Accident Board was supported by substantial evidence where the Board evaluated the visibility and offensiveness of the disfigurements when the body was clothed.

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Dennis Boggi Enters. v. Murowany, C.A. No. 1998-09-032, C.A. No. 2000-10-036, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, August 5, 2002, Decided
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Overview: In a contractor's suit against homeowners, dismissal of claims in stipulated answer which were not new issues was not allowed, but a claim not brought as mandatory counterclaim was dismissed. Settlement not reduced to writing could not be enforced.

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Marianne Callahan Inc. v. Clifton, C.A. No. 02-07-0081AP, COURT OF COMMON PLEAS OF DELAWARE, KENT, August 5, 2002, Submitted , August 5, 2002, Decided
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Overview: Court of common pleas lacked jurisdiction to hear defendant's appeal from justice of the peace court's judgment because defendant did not file a notice of appeal in the court of common pleas within 15 days of date on which judgment was entered.

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Smith v. State, No. 134, 2002, SUPREME COURT OF DELAWARE, August 7, 2002, Decided
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Overview: Defendant could not re-litigate essentially the same issues that defendant raised in a previous unsuccessful postconviction motion by merely recasting it as a motion to correct sentence. Defendant's appeal was without merit.

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Watson v. State, No. 222, 2002, SUPREME COURT OF DELAWARE, August 7, 2002, Decided
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Overview: The movant's claim, in his motion for postconviction relief, of improper identification by a witness at trial was procedurally barred; the issue was formerly adjudicated, and there was no showing that reconsideration of the claim was warranted.

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