This 18th day of November 2008, the Court having considered this matter on the briefs filed by the parties has determined that the final judgment of the Superior Court should be affirmed on the basis of and for the reasons assigned by the Superior Court in its decision dated September 14, 2007.1... ... ... NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED... ---------------... Notes:... ... 1. Accord Sierra v. State, No. 582, 2007,...  

This 18th day of November 2008, upon consideration of the briefs on appeal and the record below, it appears to the Court that:... (1) The plaintiff-appellant, Alton Cannon, filed an appeal from the Superior Court's April 22, 2008, order dismissing his complaint for failure to state a claim upon which relief may be granted.1 We find no merit to the appeal. Accordingly, we affirm... (2) In October 2007, Cannon filed a charge of discrimination against The News Journal with the United States Equal...  

This 18th day of November 2008, upon consideration of the briefs on appeal and the record below, it appears to the Court that:... (1) The claimant-appellant, Robin R. McIntyre, filed an appeal from the Superior Court's April 29, 2008, order affirming the decision of the Unemployment Insurance Appeal Board ("UIAB") that found McIntyre disqualified from receiving unemployment benefits. We find no merit to the appeal. Accordingly, we affirm... (2) In October 2006, McIntyre filed a claim...  

This 18th day of November 2008, the Court having considered this matter after oral argument and on the briefs filed by the parties has determined that the final judgment of the Court of Chancery should be affirmed on the basis of and for the reasons assigned by the Court of Chancery in its decisions dated December 21, 2007 and May 21, 2008... ... ... NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Court of Chancery be, and the same hereby is, AFFIRMED...  

This 17th day of November 2008, upon consideration of the appellant's opening brief and the appellee's motion to affirm pursuant to Supreme Court Rule 25(a), it appears to the Court that:... (1) The appellant, Terrence Teagle, filed this appeal from the Superior Court's denial of his motion for postconviction relief pursuant to Superior Court Criminal Rule 61("Rule 61"). The State has filed a motion to affirm on the ground that it is manifest on the face of Teagle's opening brief that...  

This 13th day of November 2008, upon consideration of the briefs of the parties1 and the Superior Court record, it appears to the Court that:... (1) The appellant, Jose A. Colon, filed this appeal on April 2, 2008 from the Superior Court's March 7, 2008 summary denial of his motion for reargument. Colon's motion for reargument, which was filed on February 14, 2008, sought to reargue the Superior Court's February 6, 2008 denial of Colon's motion for postconviction relief. In his opening brief on...  

This 13th day of November 2008, it appears to the Court that:... (1) On September 11, 2008, Bohnen and Troy Corporation filed a Stipulation and Order of Dismissal, which we approved the same day. Later that day, the amicus curiae, National Assocation of Corporate Directors (NACDfiled a Motion to Vacate the Court of Chancery's holding in this case. That motion requested that "the trial court's decision be vacated in order to eliminate its precedential effect" and suggested in the...  

Herbert M. Teague, Sr., the plaintiff below, appeals a Superior Court order denying Teague's motion for a new trial and his motion for reargument of the trial judge's ruling excluding Teague's medical expert's testimony opining on the relevant standard of care and causation in a malpractice case involving the only remaining defendant, Dr. Henry Isiocha.1... FACTS AND PROCEDURAL HISTORY... Teague filed this medical malpractice action following his wife, Gloria D. Teague's, death. On March 24,...  

AND NOW TO WIT, this 13th of November, 2008, the Court having heard and duly considered defendants' Motion to Adjourn Trial Date and to Request Revised Discovery Dates, and plaintiff's opposition thereto, IT IS HEREBY ORDERED THAT:... 1. Jury selection will begin on February 9, 2009... 2. Trial will begin on February 17, 2009... 3. The parties will agree to a new discovery cutoff date and advise the Court... 4. The pretrial conference on December 9, 2008 at 12:00 p.m. will go forward as...  

AND NOW TO WIT, this 12th day of November, 2008, the Court having held a teleconference on November 7, 2008 to address Plaintiff's Motion to Permit Expert Witness Discovery in connection with Dr. Robert O. Gordon, and defendant's opposition thereto,... IT IS HEREBY ORDERED that said Motion is GRANTED. Defendant shall respond to the outstanding expert discovery on or before November 28, 2008...  

Dear Ms. Obazee:... Currently before the Court is the appeal of Olubunmi B. Obazee ("Ms. Obazee") from a decision of the Unemployment Insurance Appeal Board (the "Board"), which denied her appeal from the Appeals Referee as untimely. The record shows that Ms. Obazee failed to file a timely appeal to the Board pursuant to 19 Del. C. § 3318(c). Furthermore, the Board did not abuse its discretion by refusing to consider the appeal sua sponte. Therefore, the decision of the...  

This 12th day of November 2008, upon consideration of the appellant's opening brief and the appellee's motion to affirm pursuant to Supreme Court Rule 25(a), it appears to the Court that:... (1) The appellant, Craig O. Jackson, filed this appeal from the Superior Court's denial of his motion for postconviction relief pursuant to Superior Court Criminal Rule 61 ("Rule 61"). The State has filed a motion to affirm on the ground that it is manifest on the face of Jackson's opening brief...  

This 10th day of November 2008, it appears to the Court that:... (1) On October 23, 2008, the Court received the appellant's notice of appeal from the Superior Court's October 7, 2008 letter and order striking his pro se motion for postconviction relief and request for transcript and advising the appellant that any future request for relief would be docketed only if it was submitted by the appellant's appointed counsel.1... ... ... (2) On October 23, 2008, the Clerk issued a notice pursuant to...  

Plaintiff-appellant Megan Berns' automobile collided with defendant-appellee Debra Doan's automobile on Doan's driveway. Upon finding the public highway blocked by a fallen tree, Berns attempted to use Doan's driveway to turn around. At the very time Berns pulled into the driveway, Doan was backing out of her driveway. The two vehicles collided and allegedly Berns and her daughter, Kylee were injured. Berns brought suit in Superior Court to recover for those alleged injuries. The trial judge...  

This 10th day of November 2008, upon consideration of the appellant's opening brief and the State's motion to affirm, it appears to the Court that:... (1) The appellant, Robert Smith, filed this appeal from the Superior Court's denial of his first motion for postconviction relief. The State of Delaware has filed a motion to affirm the judgment below on the ground that it is manifest on the face of Smith's opening brief that his appeal is without merit. We agree and affirm... (2) The record...  

This 10th day of November 2008, upon consideration of the appellant's opening brief and the appellee's motion to affirm, it appears to the Court that:... (1) The appellant, Douglas Wass ("Husband"), filed this appeal from an order of the Family Court dated June 22, 2007 and an order dated August 8, 2007, which denied Husband's motion for reargument. Wife has filed a motion to affirm the Family Court's judgment on the ground that the only judgment properly before this Court on appeal is...  

This 10th day of November 2008, upon consideration of the briefs of the parties and the record in this case, it appears to the Court that:... 1. Gordon Power-Booth ("Husband"), the petitioner-below, appeals from a Family Court order denying his Family Court Civil Rule 60(b) motion to reopen ancillary matters to a divorce proceeding. On appeal, Husband claims that the Family Court's findings were not the product of an orderly and logical deductive process, thus the Family Court order...  

This 7th day of November 2008, upon consideration of the appellant's opening brief and the appellee's motion to affirm pursuant to Supreme Court Rule 25(a), it appears to the Court that:... (1) The defendant-appellant, William T. Johnson, filed an appeal from the Superior Court's August 29, 2008 order denying his motion for postconviction relief pursuant to Superior Court Criminal Rule 61. The plaintiff-appellee, the State of Delaware, has moved to affirm the Superior Court's judgment on the...  

INTRODUCTION... In this action, the Court considers whether Plaintiff Tracy D. Crisco ("Crisco"), a commercial tenant, may recover against her landlords, Frank and Jo-Ann Mandarano (the "Mandaranos"), for damages resulting from a fire allegedly caused by the Mandaranos' breach of a commercial lease agreement requiring the Mandaranos to repair and maintain the unit's electrical and heating systems... Crisco filed a complaint ("Complaint") against the Mandaranos (the...  

This 5th day of November 2008, upon consideration of the briefs on appeal and the record below, it appears to the Court that:... (1) The defendant-appellant, Robert Garvey, filed an appeal from the Superior Court's February 13, 2008 order denying his second motion for postconviction relief pursuant to Superior Court Criminal Rule 61. We find no merit to the appeal. Accordingly, we AFFIRM... (2) In October 2003, Garvey was found guilty by a Superior Court jury of Felony Murder in the First...