Delaware, November, 2005, State Case law

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State Courts - Delaware - November 29, 2005

Hurley v. Justice of the Peace, C.A. No. 05M-01-010(JTV), SUPERIOR COURT OF DELAWARE, KENT, November 29, 2005, Decided
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Overview: Statement in a final order that "judgment is entered" was sufficient notice under Del. J.P. Ct. Civ. R. 58 to the litigants that judgment was entered on the date stated in the order, or the date of the order. Justice's order was sufficient where order was docketed, and copy of the order was mailed to both parties with notice of appeal rights.

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Pettit v. Country Life Homes, C.A. No. 03C-03-026-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, November 29, 2005, Decided
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Overview: Superior court denied an employee's motion to amend his negligence complaint nine months after the filing deadline passed, where such would be prejudicial, and it appeared that such was filed in an attempt to avoid a summary judgment motion filed against him. Further, a motion to reargue, which rehashed arguments already decided, was denied.

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State ex rel. Brady v. Wellington Homes, Inc., C.A. No. 99C-09-168 -- JTV, SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 29, 2005, Decided
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Overview: A corporation was entitled to judgment as a matter of law in an action alleging violations of the Delaware Consumer Fraud and Deceptive Trade Practices Acts as the new homes at issue were built by other corporate defendants and insufficient evidence was presented to support a theory that the corporation was responsible for acts of other defendants.

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State v. Franklin, Def. ID # 0304010407, SUPERIOR COURT OF DELAWARE, SUSSEX, November 29, 2005, Decided
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Overview: Under Del. Judges' Code Jud. Conduct Canon 3C(1), postconviction relief court denied defendant's motion to recuse itself. In trials of defendant over which court presided, it did not have opinions about him other than those related to the trials and it found that it could objectively consider his pending motions free of personal bias or prejudice.

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