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Bartley v. Covert

Supreme Court of Delaware
Mar 22, 2002
794 A.2d 600 (Del. 2002)

Opinion

No. 544, 2001

Submitted: February 8, 2002

Decided: March 22, 2002

Court Below — Superior Court of the State of Delaware, in and for New Castle County C.A. No. 01C-07-033


Affirmed.

Unpublished Opinion is below.

ALFRED T. BARTLEY, Plaintiff Below-Appellant, v. RICHARD COVERT, et al., Defendants Below-Appellees. No. 544, 2001 In the Supreme Court of the State of Delaware. Submitted: February 8, 2002 Decided: March 22, 2002

Before VEASEY, Chief Justice, WALSH, and STEELE, Justices.

E. NORMAN VEASEY, Justice:

ORDER

This 22nd day of March 2002, upon consideration of the parties' briefs and the record below, it appears to the Court that:

(1) The plaintiff-appellant, Alfred Bartley, filed this appeal from a Superior Court order, which dismissed his complaint for medical malpractice because Bartley failed to pay the required filing fee. The Superior Court previously had denied Bartley's motion to waive the filing fee and proceed in forma pauperis. Bartley claims on appeal that the Superior Court abused its discretion by refusing to waive the filing fee and for dismissing his complaint.

(2) Having carefully considered the parties' respective briefs, we find it manifest that the judgment of the Superior Court should be affirmed on the basis and for the reasons set forth in the Superior Court's well-reasoned letter order dated August 20, 2001. The Superior Court did not abuse its discretion in determining that Bartley had failed to establish that he was without resources to pay the filing fee.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.


Summaries of

Bartley v. Covert

Supreme Court of Delaware
Mar 22, 2002
794 A.2d 600 (Del. 2002)
Case details for

Bartley v. Covert

Case Details

Full title:ALFRED T. BARTLEY, Plaintiff Below-Appellant, v. RICHARD COVERT, et al.…

Court:Supreme Court of Delaware

Date published: Mar 22, 2002

Citations

794 A.2d 600 (Del. 2002)