Harrigan v. Bailey.
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SUPERIOR COURT OF THE STATE OF DELAWARE T. HENLEY GRAVES SUSSEX COUNTY C OURTHO USE RESIDENT JUDGE ONE THE CIRCLE, SUITE 2 GEORGETOWN, DE 19947 April 1, 2008 H. Clay Davis, III, Esquire P.O. Box 744 303 N. Bedford Street Georgetown, DE 19947 RE: Richard E. Berl, Jr., Esquire Smith, O Donnell, Procino & Berl 406 S. Bedford Street P.O. Box 588 Georgetown, DE 19947 Harrigan v. Bailey C.A. No. 07C-07-020 (THG) Dear Counsel: I have read your submissions in regard to the Plaintiff s Motion for Summary Judgment. It appears that matters of fraudulent intent are questions of fact. Since both parties disagree as to the why concerning the transfer of the real property, I can not grant summary judgment. Ebersole v. Lowengrub, 180 A.2d 467, 470 (Del. 1962). Plaintiff s motion for summary judgment is denied. IT IS SO ORDERED. Very truly yours, T. Henley Graves THG/jfg cc: Prothonotary
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