Submitted: March 20, 2015.
Case Closed May 27, 2015.
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 Kent County. C.A. No. K11J-01913 (RBY).
Before STRINE, Chief Justice; HOLLAND, and VAUGHN, Justices.
Leo E. Strine, Jr., Chief Justice.
This 11th day of May 2015, upon consideration of the parties' briefs and the record below, it appears to the Court that:
(1) The appellant, Thomas Holsey, filed this appeal from the Superior Court's denial of his motions to set aside a sheriff's sale and for a new trial. We conclude there is no merit to the appeal and affirm the judgment of the Superior Court.
(2) The record reflects that, in November 2011, the appellees, Edward J. Hynes and Patricia Hynes, transferred a judgment they obtained against Thomas Holsey and The Church of God in Christ, Inc. entities (the " Church" ) in the Court of Common Pleas to the Superior Court. The Hyneses sought to satisfy the judgment through a sale of real estate owned by one of the Church entities and located at 80 Case Ridge Road, Dover, Delaware (" Property" ). Holsey, the bishop of the Church in Delaware, resided on the Property.
(3) The remaining appellee James Dowd purchased the Property at sheriff's sale on April 15, 2014 for $250,000. On April 17, 2014, Holsey filed a motion to set aside the sheriff's sale. The Church, the real estate owner, has not objected to the sale. Accordingly, the Church is not a party to this appeal. A hearing was scheduled for June 6, 2014. The Hyneses opposed Holsey's motion and Dowd moved to intervene.
(4) On the morning of the June 6, 2014 hearing, Holsey and Javier Michael Bailey (former counsel to Holsey) filed affidavits stating that Holsey had arranged for a loan to pay all of the debts on the Property and that funds sufficient to pay the outstanding judgment at the time of the sheriff's sale were in an attorney's escrow account. At the hearing, the Hyneses' counsel indicated that there had been a series of unfulfilled promises that the judgment would be satisfied and contended that the judgment was unsatisfied at the time of the sheriff's sale. Holsey stated in response that John Williams, counsel for the Church, had funds in escrow to satisfy the judgment at the time of the sheriff's sale.
(5) Williams informed the Superior Court that he did not have any such funds in his escrow account and that he needed assurances from the national Church before the loan could close. Bailey told the Superior Court that the proceeds from Holsey's loan had been transferred to a different attorney, Sharon Anderson. According to Bailey, Anderson, an out-of-state attorney, was working to obtain Delaware co-counsel. The Superior Court continued the hearing until August 1, 2014 to see if the parties could resolve their dispute. The Superior Court also granted Dowd's motion to intervene, acknowledging that Dowd, as the buyer of the Property at the sheriff's sale, would likely oppose setting aside the sale even if the other parties could reach an agreement.
(6) At the beginning of the August 1, 2014 hearing, Delaware counsel, who stated that he became involved on Holsey's behalf approximately twenty minutes before the hearing, requested the pro hac vice admission of Sharon Anderson. The Superior Court denied the request because it was late, ...