Opinion
No. 340, 2010.
Submitted: June 21, 2010.
Decided: August 19, 2010.
C.A. No. N10C-03-234.
Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.
ORDER
This 19th day of August 2010, it appears to the Court:
(1) Frederick W. Smith, Jr., seeks to invoke this Court's original jurisdiction to issue a writ of mandamus to compel the Superior Court to conduct a jury trial on his civil complaint. The State of Delaware has filed an answer requesting that the petition be dismissed.
(2) A writ of mandamus is an extraordinary remedy issued by this Court to compel a trial court to perform a duty. By order dated June 30, 2010, the Superior Court dismissed Smith's civil complaint. Smith's appeal from that order is pending before the Court. There is no basis for the issuance of a writ of mandamus in this case because that issue is now moot.
Del. Const. art. IV, § 11( 5); Del. Supr. Ct. R. 43.
In re Bordley, 545 A.2d 619 (Del. 1988).
Smith v. Salas, Del. Supr., No. 438, 2010.
Del. Const. art. IV, § 11( 5); Del. Supr. Ct. R. 43.
In re Bordley, 545 A.2d 619 (Del. 1988).
Smith v. Salas, Del. Supr., No. 438, 2010.
NOW, THEREFORE, IT IS ORDERED that Smith's petition for a writ of mandamus is DISMISSED.