Cunningham v. Prof-2013-S3 Legal Title Trust II, et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JOSEPH A. CUNNINGHAM, JR., Personal Representative and Heir, Defendant Below, Appellant, v. PROF-2013-S3 LEGAL TITLE TRUST II, by U.S. BANK NATIONAL ASSOCIATION, as Legal Title Trustee, Plaintiff Below, Appellee. § § § § § § § § § § § § § § § No. 49, 2018 Court Below—Superior Court of the State of Delaware C.A. No. N12L-11-093 Submitted: August 10, 2018 Decided: October 12, 2018 Before STRINE, Chief Justice; VALIHURA and VAUGHN, Justices. ORDER After careful consideration of the parties’ briefs and the record on appeal, we conclude that the judgment below should be affirmed on the basis of the Superior Court order, dated January 19, 2018, granting summary judgment. The defendant below-appellant failed to assert any of the defenses available in a scire facias sur mortgage action and failed to raise any genuine issue of material fact. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Karen L. Valihura Justice 2

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