Jones v. Kalkstein

• Court: Supreme Court of Delaware
• Decided: June 10, 2020
• Docket: 543, 2019
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

MATTHEW JONES, § § No. 543, 2019 Plaintiff Below, § Appellant, § § v. § Court Below–Superior Court § of the State of Delaware DR. DAVID KALKSTEIN and § ROCKFORD CENTER, § C.A. No. K19C-11-030 § Defendants Below, § Appellees. § §

Submitted: April 17, 2020 Decided: June 10, 2020

Before SEITZ, Chief Justice; VALIHURA and VAUGHN, Justices.

ORDER

After careful consideration of the parties’ briefs and the record on appeal, we

conclude that the judgment below should be affirmed on the basis of, and for the

reasons set forth in, the Superior Court’s well-reasoned decision dated November

21, 2019. Although we affirm the Superior Court’s judgment as well as its

imposition of a monetary sanction against the appellant,1 we decline the appellees’

request to impose any additional sanction. Because the Superior Court dismissed

1 The court found that the appellant’s affidavit submitted under 10 Del. C. § 8803(e) was misleading. Accordingly, the court held the appellant in contempt of court and imposed a $100.00 sanction. the appellant’s complaint under 10 Del. C. § 8803(b), service did not issue and the

appellees were not required to answer the complaint or otherwise appear in the

Superior Court. We conclude that the appellees’ participation in this appeal does

not, in and of itself, warrant the imposition of any additional sanction.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior

Court is AFFIRMED.

BY THE COURT:

/s/Karen L. Valihura Justice