Logiovino v. Carter

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IN THE SUPREME COURT OF THE STATE OF DELAWARE RICHARD J. LOGIOVINO and KORTNEY LOGIOVINO, Plaintiffs BelowAppellants, v. JOSHUA B. CARTER and JOSEPH A. CARTER Defendants BelowAppellees. § § § § § § § § § § § § § No. 631, 2013 Court Below: Superior Court of the State of Delaware in and for Sussex County C.A. No. S12C-06-008 ESB Submitted: April 9, 2014 Decided: April 9, 2014 Before STRINE, Chief Justice, HOLLAND, and BERGER, Justices. ORDER This 9th day of April 2014, the Court, having considered this matter on the briefs of the parties, has concluded that the Superior Court did not abuse its discretion when it granted the motion to dismiss the complaint due to the repeated failure by the plaintiffs, Richard J. Logiovino and Kortney Logiovino, to comply with discovery requests, attend depositions, or otherwise prosecute their case in a manner consistent with the Superior Court s scheduling order and discovery sanctions orders. The judgment of the Superior Court should therefore be affirmed on the basis of and for the reasons assigned by the Superior Court in its ruling and Order dated October 13, 2013. NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. BY THE COURT: /s/ Leo E. Strine, Jr. Chief Justice

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