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  • Allmaras v. Bd. of Adjustment of Sussex County

    Publication Date: 2019-11-27
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Joseph J. Rolla, Lewes, DE, Janice Allmaras, Lewes, DE, Robert Viscount, Lewes, DE, pro se petitioners
    for defendant: James P. Sharp, Moore & Rutt, P.A., Georgetown, DE for respondent.
    Case Number: D68782

    Petitioners were not entitled to use relation-back doctrine to bring amended land use complaint naming the landowner as a respondent within the 30-day deadline for appeal of the land use decision where the court rule required there be a mistake as to the identity of the correct party and there was no mistake in the present case over the landowner's identity.

  • Donovan Smith MHP, LLC v. Donovan Smith HOA

    Publication Date: 2019-10-30
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Seth L. Thompson, Parkowski Guerke & Swayze, P.A., Wilmington, DE for appellant.
    for defendant: Dmitry Pilipis, Community Legal Aid Society, Inc., Wilmington, DE for appellee.
    Case Number: D68750

    Although the arbitrator erred in concluding that proposed rent increases were not "directly related" to operation, maintenance, or improvement of a mobile home park when park owner presented evidence of new expenses, the arbitrator had sufficient evidence to find the increase did not comply with statutory law where there was insufficient evidence to find the lots were below market.

  • Seaford Internal Med., LLC v. Sandoval

    Publication Date: 2019-07-31
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Jennifer G. Brady, Potter Anderson & Corroon LLP, Wilmington, DE for claimant.
    for defendant: Daniel C. Mulveny, Delaware Department of Justice, Wilmington, DE for the Unemployment Insurance. Appeal Bd.
    Case Number: D68652

    The court reversed a decision by the Unemployment Insurance Appeal Board, because the evidence indicated the employee did not leave her job for good cause.

  • State v. Bussey

    Publication Date: 2019-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Natalie S. Woloshin, Woloshin, Lynch & Assoc., P.A., Wilmington, DE for defendant.
    for defendant: Casey L. Ewart, Dep't of Justice, Dover, DE for the state.
    Case Number: D68629

    Defense counsel adopted a reasonable trial strategy, so defendant was not entitled to post-conviction relief due to ineffective-ness of counsel.

  • This and That Servs. Co., Inc. v. Nieves

    Publication Date: 2019-06-26
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: John J. Ellis, Heckler & Frabizzio, P.A., Wilmington, DE for plaintiff
    for defendant: Walt F. Schmittinger, Schmittinger & Rodriguez, P.A., Dover, DE for defendant.
    Case Number: D68607

    Court reversed Industrial Accident Board's dismissal as moot of employer Utilization Review appeal where record reflected outstanding dispute between employer and employee regarding reasonableness and necessity of medication prescribed by one of employee's treating physicians following the employee's work-related accident.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • State of Delaware v. Nastatos

    Publication Date: 2019-04-10
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Renee Hrivnak, Department of Justice, Wilmington, DE for the state
    for defendant: Christopher S. Koyste, Christopher S. Koyste LLC, Wilmington, DE for defendant.
    Case Number: D68522

    Defendant failed to establish any prejudice due to the alleged ineffectiveness of his counsel.