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Logiovino v. Carter

Supreme Court of Delaware

April 9, 2014

RICHARD J. LOGIOVINO and KORTNEY LOGIOVINO, Plaintiffs Below-Appellants,
v.
JOSHUA B. CARTER and JOSEPH A. CARTER, Defendants Below-Appellees

Submitted April 9, 2014

Case Closed April 25, 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-06-008 ESB.

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

OPINION

Leo E. Strine, Jr., Chief Justice

ORDER

This 9th day of April 2014, the Court, having considered this matter on the briefs of the parties, has concluded that the Superior Court did not abuse its discretion when it granted the motion to dismiss the complaint due to the repeated failure by the plaintiffs, Richard J. Logiovino and Kortney Logiovino, to comply with discovery requests, attend depositions, or otherwise prosecute their case in a manner consistent with the Superior Court's scheduling order and discovery sanctions orders. The judgment of the Superior Court should therefore be affirmed on the basis of and for the reasons assigned by the Superior Court in its ruling and Order dated October 13, 2013.

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


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