Opinion
C.A. No: K15C-03-003 RBY
11-06-2015
WELLS FARGO BANK, NA, Plaintiff, v. EARL STRONG, Defendant.
Daniel T. Conway, Esquire, Atlantic Law Group, LLC, Georgetown, Delaware for Plaintiff. Earl Strong, pro se.
Upon Consideration of Plaintiff's Motion for Reargument
GRANTED
ORDER
Daniel T. Conway, Esquire, Atlantic Law Group, LLC, Georgetown, Delaware for Plaintiff. Earl Strong, pro se. Young, J.
DECISION
Plaintiff's Motion for Reargument on the issue of whether or not the statute of limitations has, in fact, run is GRANTED.
From the prior argument, my understanding was that, unless Defendant had warned the statute, the parties conceded that Plaintiff's claim was time barred. Evidently, that understanding was mistaken.
Hence, the matter will be scheduled for additional argument on that single issue.
This does not affect the Court's ruling as to paragraphs 1, 1a, 1b and 1c , holding that Defendant did not waive the statutory affirmative defense.
Plaintiff may present argument upon the Section 8109 commencement of the statutory filing period and its application.
Accordingly, to the extent described, Plaintiff's Motion is GRANTED. A hearing pursuant to this Order will be scheduled for November 18, 2015 at 10:00 a.m.
IT IS SO ORDERED.
/s/ Robert B. Young
J.
RBY/lmc
oc: Prothonotary
cc: Counsel
Earl Strong
Opinion Distribution
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