Matter of Smith

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF FREDERICK W. SMITH, JR., FOR A WRIT OF MANDAMUS. § § No. 340, 2010 § § C.A. No. N10C-03-234 Submitted: June 21, 2010 Decided: August 19, 2010 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 19th day of August 2010, it appears to the Court: (1) Frederick W. Smith, Jr., seeks to invoke this Court s original jurisdiction to issue a writ of mandamus to compel the Superior Court to conduct a jury trial on his civil complaint.1 The State of Delaware has filed an answer requesting that the petition be dismissed. (2) A writ of mandamus is an extraordinary remedy issued by this Court to compel a trial court to perform a duty.2 By order dated June 30, 2010, the Superior Court dismissed Smith s civil complaint. Smith s appeal from that order is pending before the Court.3 There is no basis for the issuance of a writ of mandamus in this case because that issue is now moot. 1 Del. Const. art. IV, § 11(5); Del. Supr. Ct. R. 43. In re Bordley, 545 A.2d 619 (Del. 1988). 3 Smith v. Salas, Del. Supr., No. 438, 2010. 2 NOW, THEREFORE, IT IS ORDERED that Smith s petition for a writ of mandamus is DISMISSED. BY THE COURT: /s/ Randy J. Holland Justice 2

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