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Fenrick Waterman's, LLC v. Littleton

Supreme Court of Delaware

February 19, 2014

FENWICK WATERMAN'S, LLC a Delaware Limited Liability Co., Plaintiff Below, Appellant,
v.
TINA LITTLETON, Defendant Below, Appellee

Submitted February 19, 2014.

Case Closed March 7, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below -- Superior Court of the State of Delaware, in and for Sussex County. C.A. No. S12C-02-017.

Before HOLLAND, JACOBS and RIDGELY, Justices.

OPINION

Randy J. Holland Justice

ORDER

This 19th day of February 2014, it appears to the Court that:

1) The plaintiff-appellant, Fenwick Waterman's, LLC (the " LLC" ), appeals from a Superior Court holding that it lacked jurisdiction to hear a claim brought by the LLC. The LLC is owned by one former spouse which sued the other former spouse for conversion and fraud.

2) The LLC raises one claim on appeal. It contends that the Superior Court erred by dismissing the claim the LLC brought against the defendant-appellee, Tina Littleton (" Littleton" ) for lack of subject matter jurisdiction, on the basis that the claim should have been brought in the Family Court.

3) Vincent Morris (" Morris" ) acquired the LLC on January 1, 2009, naming himself and Tina Littleton agents of the LLC on the same day. Morris and Littleton married a month later. Shortly thereafter, the LLC formed a business called Captain Jacob's, for which Littleton began working.

4) In August 2010, Morris discovered that Littleton had transferred $20,000 from the business account to her personal account. In October 2010, a fire near Captain Jacob's occurred and caused damage to Captain Jacobs. Littleton filed insurance claims, receiving $42,000 in damages. Neither the LLC nor Morris received any part of the insurance payments.

5) Morris and Littleton were divorced in March the following year. During the pendency of the divorce, Morris and Littleton negotiated their own property division without the participation of the Family Court. Thereafter, the Family Court ...


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