Summary
vacating this Court's earlier decision on April 14, 2000
Summary of this case from Pauley v. ReinoehlOpinion
No. 207, 1999.
Decided: August 11, 2000.
Superior Court of the State of Delaware in and for New Castle County, C.A. Nos. 96C-03-128 and 98C-04-028.
Appeal Dismissed and remanded.
Unpublished Opinion is below.
NANCY CARTER, Individually, and as Administratrix of the Estate of WILLARD CARTER, MICHAEL BRIAN CARTER and MARGARET ANN CARTER, Minor Children, by their Next Friend, NANCY CARTER, Plaintiffs Below, Appellants v. BRIAN McLAUGHLIN, DELAWARE ADMINISTRATION FOR REGIONAL TRANSIT, ST. PAUL MERCURY INSURANCE CO. and DELAWARE TRANSIT CORPORATION, Defendants Below, Appellees. No. 207, 1999. Supreme Court of Delaware, New Castle County. Submitted: July 31, 2000. Decided: August 11, 2000.
Before VEASEY, Chief Justice, HOLLAND, HARTNETT and BERGER, Justices, and CHANDLER, Chancellor, constituting the Court en Banc.
Designated pursuant to Art. IV, § 38 of the Delaware Constitution and Supreme Court Rules 2 and 4.
Designated pursuant to Art. IV, § 12 of the Delaware Constitution and Supreme Court Rules 2 and 4.
ORDER
Carolyn Berger, Justice.
This 11th day of August, 2000, upon consideration of the parties' Joint Application for Vacatur and Dismissal, it appears to the Court that:
1) This appeal was taken from a May 6, 1999, order of the Superior Court which granted the defendants' motions for summary judgment and denied the plaintiffs' motion for summary judgment. On April 14, 2000, this Court issued its Opinion and Order reversing the trial court and remanding the case for further action in accordance with the Opinion. Appellees filed a motion for rehearing and reargument en banc with the Court on April 28, 2000, which motion was granted on May 25, 2000. The matters designated by the Court for reconsideration have been fully briefed by the parties, and the April 14, 2000 Opinion and Order of the Court is now under reconsideration by the Court. On July 24, 2000 the parties reached an agreement in principle which would result in the settlement of both the coverage and underlying tort actions in the Superior Court. One of the conditions of the parties' settlement is that the Court vacate its April 14, 2000, Opinion and Order and dismiss the pending appeal as moot.
2) The parties have joined in an application to the Court requesting that the Court vacate its Opinion and Order of April 14, 2000, under the rule of vacatur, dismiss the pending appeal as moot, and remand the matter to the Superior Court with instructions to vacate its opinion dated May 6, 2000.
NOW, THEREFORE, IT IS ORDERED:
A) The parties' Joint Application for Vacatur and for Dismissal is GRANTED. The decision of the Court dated April 14, 2000, is hereby vacated and the appeal is dismissed as moot.
B) The matter is remanded to the Delaware Superior Court with instructions to vacate its opinion and order dated May 6, 1999, and to retain jurisdiction of the matter for purposes of entertaining the parties' stipulation to dismiss the consolidated actions pursuant to Delaware Superior Court Civil Rule 41(a).