C.A. No. S08L-11-015 THG.Superior Court of Delaware, Sussex County.Submitted: August 3, 2010.
Decided: August 24, 2010.
On Plaintiff’s Motion for Summary Judgment: DENIED.
On Defendants/Third Party Plaintiffs’ Motion for Summary Judgment: DENIED.
Dean A. Campbell, Esquire, Law Office of Dean A. Campbell, LLC, Georgetown, DE.
Joseph C. Raskauskas, Esquire, Bethany Beach, DE.
Michael C. Heyden, Esquire, Wilmington, DE.
T. HENLEY GRAVES, Resident Judge
As counsel are aware, on July 29, 2010, The Honorable Richard F. Stokes issued a decision in a related matter 84 Lumber Co. v. Derr, et al., C.A. No. S08L-11-014. By way of that decision, Judge Stokes denied the cross motions for summary judgment filed on behalf of Plaintiff 84 Lumber Co. and Defendants/Third Party Plaintiffs Shane M. Brice and Brice Builders, Inc.
The issues presented in the case pending before the Court today are identical to those considered by Judge Stokes. Therefore, for the reasons articulated in Judge Stokes’s well-reasoned opinion, Plaintiff 84 Lumber Co.’s Motion for Summary Judgment is denied and Defendants/Third Party Plaintiffs Shane M. Brice and Brice Builders, Inc.’s Motion for Summary Judgment is denied. The matter will go forward as scheduled.