Capital v. Lofland

Full title: LEHMAN CAPITAL, a division of LEHMAN BROTHERS HOLDINGS, INC., a Delaware…

Court: Superior Court of Delaware, Sussex County

Date published: Sep 27, 2005

C.A. No. 03L-11-029 (Del. Super. Ct. Sep. 27, 2005)

Opinion

C.A. No. 03L-11-029.

September 27, 2005.

ORDER

E. SCOTT BRADLEY, Judge.

IT IS HEREBY ORDERED, this 27^th day of September, 2005, that:

1. The plaintiff's complaint is dismissed with prejudice;

2. The mortgage, which is the subject of this action, originally between Hester S. Monroe, as mortgagor, and International Mortgage Corporation, as mortgagee, in the principal amount of $120,852.00, dated March 20, 1997, and recorded in the Sussex County, Delaware, Recorder of Deeds Office in Mortgage Book 2432, Page 228, is deemed "satisfied of record" and the property that was encumbured by such mortgage, 617 Seabury Avenue, Milford, Sussex County, Delaware, is released from the lien of such mortgage;

3. Costs are assessed against the plaintiff; and

4. The defendant's attorney's fees of $13,243.80, together with interest thereon at the applicable legal rate from the date of this Order, are assessed against the plaintiff and are to be paid by the plaintiff to the defendant within 10 calendar days of the date of this Order.

This Order was entered because the plaintiff (1) failed to follow the rules of the Court regarding discovery, (2) willfully refused to comply with the Court's order directing the plaintiff to provide to the defendant certain financial information which was at the center of the dispute between the parties, and (3) failed to abide by the pre-trial scheduling order regarding the trial date, resulting in the trial having to be rescheduled the day before the trial because the plaintiff's witness did not make arrangements to travel to Delaware for the trial.

IT IS SO ORDERED.