Weinstein v. Roberts, et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ALLAN WEINSTEIN, Plaintiff Below, Appellant, v. JOHN ROBERTS, SHELLY ROBERTS, BETHANY AUTO PARTS, INC., and ROBERTS REPAIR SERVICE, INC., Defendants Below, Appellees. § § § § § § § § § § § § § No. 17, 2006 Court Below: Superior Court of the State of Delaware in and for Sussex County C.A. No. 04C-03-020 Submitted: September 13, 2006 Decided: September 14, 2006 Before HOLLAND, BERGER and RIDGELY, Justices. ORDER This 14th day of September, 2006, the Court, having considered the Superior Court bench ruling and Order dated December 12, 2005, the Corrected Order dated January 5, 2006, and the arguments and briefs of the parties, has determined that: to the extent the issues raised on appeal are factual, the record evidence supports the trial judge s factual findings; to the extent the errors alleged on appeal are attributed to an abuse of discretion, the record does not support those assertions; and to the extent that the issues raised on appeal are legal, they are controlled by settled Delaware law, which was properly applied. Accord: Schnell v. Chris-Craft Industries, Inc., Del.Supr., 285 A.2d 437 (1971); Rossdeutscher v. Viacom, Inc., Del.Supr., 768 A.2d 8 (2001). NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is AFFIRMED. BY THE COURT: /s/ Carolyn Berger Justice 2

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