Hedenberg v. Raber

Full title: HELKA HEDENBERG, Plaintiff Below-Appellant, v. TROY D. RABER, BETHANY M…

Court: Supreme Court of Delaware

Date published: Jun 19, 2006

903 A.2d 323 (Del. 2006)

Opinion

No. 621, 2005.

Submitted: April 12, 2006.

Decided: June 19, 2006.

Superior Court of the State of Delaware, in and for Kent County, C.A. No. 05C-03-038.

Before BERGER, JACOBS, Justices and LAMB, Vice Chancellor.¹

1 Sitting by designation pursuant to Art. IV, § 12 of the Delaware Constitution and Delaware Supreme Court Rules 2 and 4.

ORDER

CAROLYN BERGER, Justice.

This 19^th day of June 2006, after careful consideration of appellant's opening brief, Joe Wells and Harrington ERA Realty, Inc.'s motion to affirm, and the record below, we find it manifest that the judgment of the Superior Court should be affirmed on the basis of, and for the reasons set forth in, the Superior Court's well-reasoned decision dated November 14, 2005. The Superior Court's dismissal of the complaint below was controlled by settled Delaware law. The Superior Court did not err or abuse its discretion in dismissing the complaint, which was appellant's second, for failing to state a claim, insufficiency of process and insufficiency of service of process.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.