Opinion
Docket No. 74, 1999.
March 1, 1999.
Appeal from Superior Court, New Castle County, 99M-01-28.
VACATED AND REMANDED.
Unpublished Opinion is below.
CITY COUNCILMAN SAMUEL L. GUY Respondent Below, Appellant, v. THE WILMINGTON ETHICS COMMISSION AND THE CITY OF WILMINGTON, Petitioner Below, Appellee. No. 74, 1999. In the Supreme Court of the State of Delaware. Submitted: February 23, 1999. Decided: March 1, 1999.
Court Below: Superior Court of the State of Delaware in and for New Castle County, Case No. 99M-01-28
Before VEASEY, Chief Justice, HARTNETT and BERGER, Justices.
ORDER
This 1st day of March, 1999, upon consideration of the submissions of the parties, it appears to the Court that:
1) On February 12, 1999, the Superior Court found appellant in contempt for failure to comply with a subpoena. Appellant filed this appeal together with an "Emergency Motion for Review and Motion for Stay."
2) In his motion, appellant argues that he was never served with the Rule to Show Cause issued by the Superior Court and that, as a result, he had no notice of the contempt hearing.
3) In response to appellant's motion, appellee stated that its counsel was unaware of the fact that appellant had not been served with notice of the contempt hearing. In light of the lack of notice, appellee agrees that the Superior Court's contempt order should be vacated and that this matter should be remanded for further proceedings in the Superior Court.
NOW, THEREFORE, IT IS HEREBY ORDERED that the Superior Court Order dated February 12, 1999, is VACATED and this matter is REMANDED for further proceedings in the Superior Court. Jurisdiction is not retained.
/s/ Carolyn Berger, Justice