Opinion
No. 472, 2001
Submitted: September 27, 2002
Decided: October 21, 2002
Court Below Superior Court of the State of Delaware, in and for New Castle County COMPANY, C.A. No. 99C-12-233
Before WALSH, HOLLAND and BERGER, Justices
ORDER
This 21st day of October 2002, upon consideration of the briefs on appeal and the record below, it appears to the Court that:
(1) The plaintiff-appellant, K. Kay Shearin, filed an appeal from the Superior Court's August 27, 2001 order granting the motion for summary judgment of the defendant-appellee, Allstate Insurance Company. Because the Superior Court failed to give reasons for granting summary judgment, we REMAND the matter to the Superior Court for the filing of a order supplying the reasons for its decision.
(2) In December 1999, Shearin filed a complaint alleging that Allstate breached its automobile insurance contract with her. After the case had proceeded through an arbitration hearing and pretrial discovery, Allstate filed a motion for summary judgment to which Shearin filed a response. On August 27, 2001, the Superior Court held a hearing on Allstate's motion. Following the presentation of argument by Allstate, the Superior Court judge listened to argument by Shearin and asked her a number of questions concerning her claims. After receiving an answer to its final question, the Superior Court stated as follows: A Motion for summary judgment is granted. Court stands in recess. There was no explanation as to why the motion for summary judgment was granted. Also on August 27, 2001, the Superior Court signed an order granting summary judgment, but provided no reasons in the order for its decision.
(3) The supplying of reasons for a judicial decision is part of the established law of this State. The failure of a trial judge to give reasons for the court's disposition constitutes a per se abuse of discretion. Moreover, a disposition without reasons precludes any meaningful appellate review by this Court. For these reasons, the judgment of the Superior Court must be remanded so that the Superior Court may file an order supplying the reasons for its decision.
Ball v. Division of Child Support Enforcement, 780 A.2d 1101, 1105 (Del. 2001).
Id.
Id.
NOW, THEREFORE, IT IS ORDERED that this matter is REMANDED to the Superior Court for further proceedings in accordance with this Order. Jurisdiction is retained. The Superior Court should file the rationale for its decision on or before November 20, 2002.
Supr.Ct.R. 19(c).