Hedenberg v. Raber, et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE HELKA HEDENBERG, Plaintiff BelowAppellant, v. TROY D. RABER, BETHANY M. RABER, LISA M. ANDERSON, ESQUIRE, JOE WELLS, and HARRINGTON ERA REALTY, INC., Defendants BelowAppellees. § § § § § § § § § § § § § § § No. 621, 2005 Court Below Superior Court of the State of Delaware, in and for Kent County C.A. No. 05C-03-038 Submitted: April 12, 2006 Decided: June 19, 2006 Before BERGER, JACOBS, Justices and LAMB, Vice Chancellor.1 ORDER This 19th 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 1 Sitting by designation pursuant to Art. IV, § 12 of the Delaware Constitution and Delaware Supreme Court Rules 2 and 4. 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. BY THE COURT: /s/ Carolyn Berger Justice 2

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