Opinion
No. 321, 1998.
February 12, 1999.
Court Below — Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 97C-04-127.
PETITION DISMISSED.
Unpublished Opinion is below.
IN THE MATTER OF THE PETITION OF GIBSON A. HALL FOR A WRIT OF MANDAMUS. No. 321, 1998. In the Supreme Court of the State of Delaware. Submitted: February 11, 1999. Decided: February 12, 1999.
Court Below — Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 97C-04-127.
Before WALSH, HOLLAND, and HARTNETT, Justices.
ORDER
This 12th day of February 1999, it appears to the Court that:
(1) By order dated December 7, 1998, the Court appointed counsel to represent the petitioner, Gibson A. Hall ("Hall"), in Hall's petition for a writ of mandamus. Hall's petition challenged the Superior Court's order of April 2, 1998, that had entered an indefinite stay of Hall's civil case.
(2) On January 28, 1999, Hall's counsel filed a motion seeking to dismiss Hall's mandamus petition so that Hall could proceed in the Superior Court with a motion to lift the April 2 stay order. By order dated February 1, 1999, the Court remanded Hall's case, with jurisdiction retained, so that Hall, through counsel, could file a motion to lift the stay order. By letter to the Court dated February 9, 1999, the Superior Court lifted the stay and simultaneously granted the defendant's request to file a case-dispositive motion in the Superior Court. The case has now returned from remand.
(3) In view of the Superior Court's order lifting the stay of Hall's civil case, the Court has concluded that it is appropriate to grant Hall's motion to dismiss the petition for a writ of mandamus. The Court further concludes that Hall's present counsel should continue to represent Hall in the Superior Court and in any appeal that is generated from the Superior Court proceedings.
NOW, THEREFORE, IT IS HEREBY ORDERED that Hall's motion to dismiss the petition for a writ of mandamus is GRANTED. This matter is DISMISSED. The mandate shall issue forthwith.
BY THE COURT:
/s/ Randy J. Holland, Justice