Opinion
No. 368, 2003.
Submitted: December 16, 2003.
Decided: December 18, 2003.
Court of Chancery of the State of Delaware in and for New Castle County, C.A. No. 15754.
Before VEASEY, Chief Justice, HOLLAND, BERGER and JACOBS Justices, and HARTNETT, Justice (Retired), constituting the Court en Banc.
Sitting by designation pursuant to DEL. CONST. art. IV, § 38 and DEL. CODE ANN. tit.29, § 5610(a)(2) (2001) and DEL. SUPR. CT. R. 2, 4.
ORDER
This 18th day of December 2003, the Court, having considered the decision and judgment of the Court of Chancery dated July 8, 2003, and the contentions set forth in the briefs and oral argument of counsel on appeal, has determined as follows:
To the extent that (a) the issues raised on appeal are factual, the record evidence supports the factual findings; (b) the errors alleged on appeal are asserted to be an abuse of discretion, the record does not support those assertions; (c) it is contended that the Court of Chancery did not properly apply the decision and mandate of this Court set forth in its remand decision in Gotham Partners, L.P. v. Hallwood Realty Partners, L.P., 817 A.2d 160 (Del. 2002), that contention is not supported; and (d) it is contended that the legal rulings of the Court of Chancery raised on appeal were erroneous, those issues are controlled by settled Delaware law, which was properly applied.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery is AFFIRMED.