Foster v. O'Connell

Full title: JOHN E. FOSTER, Petitioner, v. KEVIN J. O'CONNELL, and JUDGE TOLIVER…

Court: Superior Court of Delaware, New Castle County

Date published: Mar 15, 2002

C.A. No. 01M-09-082 RRC (Del. Super. Ct. Mar. 15, 2002)

Opinion

C.A. No. 01M-09-082 RRC

March 15, 2002

John E. Foster, pro se.

Kevin J. O'Connell, Esquire, Richard W. Hubbard, Esquire.

ORDER

COOCH, Judge.

WHEREAS, John E. Foster's Petition for Writ of Mandamus having come before the Court and Kevin J. O'Connell, Esquire, having filed an Answer thereto.

WHEREAS, the Honorable Charles H. Toliver IV having filed a Motion to Dismiss which the Court granted by Order dated March 13, 2002.

WHEREAS, the relief that John E. Foster was seeking in his Petition cannot issue from Mr. O'Connell himself, a private attorney admitted before the Delaware bar.

WHEREFORE, as against Kevin O'Connell, Esquire, the Court holds that John E. Foster has failed to state a claim upon which relief can be granted. The action in Mandamus against Mr. O'Connell is hereby DISMISSED.

IT IS SO ORDERED this 15th day of March, 2002.