Walls v. Little, et al.
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IN THE SUPREME COURT OF THE STATE OF DELAWARE JOSEPH M. WALLS, § § Plaintiff Below, § Appellant, § § v. § § MICHAEL LITTLE, PERRY PHELPS, § and JOHN and/or JANE DOES 1-5, § § Defendants Below, § Appellees. § No. 486, 2011 Court Below Superior Court of the State of Delaware in and for New Castle County C.A. No. 10C-06-146 Submitted: February 3, 2012 Decided: April 23, 2012 Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices. ORDER This 23rd day of April 2012, upon consideration of the appellant s opening brief, including the permissive writing submitted on March 7, 2012,1 the appellees motion to affirm,2 and upon de novo review of the record,3 the Court has determined that the Superior Court did not err when dismissing the appellant s complaint for failure to state a claim upon which 1 See Del. Supr. Ct. R. 15(a)(vi) (providing that [a] party may, by letter to the Clerk, bring to the Court s attention pertinent cases decided . . . after the case is under submission for decision ). The Court notes that the case submitted by the appellant was decided before this case was submitted for decision. 2 Del. Supr. Ct. R. 25(a). 3 Furman v. Delaware Dep t of Transp., 30 A.3d 771, 773 (Del. 2011) (quoting Ramirez v. Murdick, 948 A.2d 395, 399 (Del. 2008)). relief could be granted.4 We further conclude that the Superior Court s judgment should be affirmed on the basis of, and for the reasons stated in, the court s orders dated August 15, 2011.5 NOW, THEREFORE, IT IS ORDERED that, pursuant to Supreme Court Rule 25(a), the motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice 4 Del. Super. Ct. Civ. R. 12(b)(6). Walls v. Little, 2011 WL 5288871 (Del. Super.); Walls v. Little, 2011 WL 5289010 (Del. Super.). 5 2
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