Categories: Delaware Court Opinions

SMITH v. SMITH ex rel. CLARKE, 744 A.2d 988 (Del. 1999)

HAZELL M. SMITH, Plaintiff Below, Appellant v. OTIS H. SMITH, by DAVID H. CLARKE, his authorized agent, Defendant Below, Appellee.

No. 144, 1999.Supreme Court of Delaware.Submitted: November 9, 1999.
Decided: November 29, 1999.

Court Below: Court of Chancery of the State of Delaware in and for Sussex County, C.A. No. 93-253.

AFFIRMED.

Before VEASEY, Chief Justice, HOLLAND and BERGER, Justices.

CAROLYN BERGER, Justice

O R D E R
This 29th day of November, 1999, the Court, having considered this matter on the arguments and briefs of the parties, and having concluded that the same should be affirmed on the basis of and for the reasons assigned by the Court of Chancery in its decision of March 11, 1999,[1]

NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Court of Chancery be, and the same hereby is

AFFIRMED.

[1] See Asche v. Asche, Del.Supr., 210 A.2d 306 (1965); accord Norton v. Georgia Railroad Bank Trust, Ga.Supr., 322 S.E.2d 870 (1984); cf Hagemann v. National Bank Trust Co., Va.Supr., 237 S.E.2d 388
(1977).

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