No. 354, 2009.Supreme Court of Delaware.
October 18, 2010.
Court Below — Superior Court of the State of Delaware in and for New Castle County, C.A. No. 05C-03-328.
Before HOLLAND, BERGER and RIDGELY, Justices.
ORDER
RANDY J. HOLLAND, Justice.
This 18th day of October 2010, the Court having considered this matter after oral argument and on the briefs filed by the parties has determined that, with regard to the issues raised by the appellant, the final judgments of the Superior Court should be affirmed on the basis of and for the reasons assigned by the Superior Court in its decision dated May 29, 2009. There is no need for this Court to address the issues raised in the cross-appeal because the appellee’s answering brief states: “In the event this Court affirms the trial court’s ruling granting summary judgment in defendants’ favor on both issues appealed by plaintiffs, defendants expressly represent to this Court that they withdraw their cross appeal.”
NOW, THEREFORE, IT IS HEREBY ORDERED that the judgments of the Superior Court be, and the same hereby are, AFFIRMED.