Middlebrook v. Ayres

 Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE NIKERRAY MIDDLEBROOK, Plaintiff BelowAppellant, v. CAROLINE P. AYRES, Defendant BelowAppellee. § § § § § § § § § § § No. 281, 2004 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 02C-07-203 Submitted: December 3, 2004 Decided: January 14, 2005 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. ORDER This 14th day of January 2005, upon consideration of the opening brief and the State s motion to affirm, it appears to the Court that: (1) The plaintiff-appellant, Nikerray Middlebrook, filed this appeal from the Superior Court s dismissal of his complaint. Middlebrook filed his complaint against his former attorney, Caroline Ayres, for legal malpractice, alleging that Ayres had failed to file a timely notice of appeal on his behalf from his criminal sentencing in June 1998. The Superior Court granted Ayres motion to dismiss Middlebrook s complaint on the alternative grounds that the complaint was barred by the three-year statute of limitations and that Middlebrook had failed to offer the required expert testimony to support his malpractice claim. (2) Having carefully considered the parties= respective positions, we find it manifest that the judgment of the Superior Court should be affirmed on the basis of the Superior Court=s well-reasoned decision dated June 9, 2004. The Superior Court did not err in concluding that Middlebrook s malpractice claim was barred by the applicable statute of limitations and that Middlebrook had failed to substantiate his claim with expert testimony. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.