Mergenthaler v. Triumph Mortgage Corp.

Opinion

SUPERIOR COURT

OF THE STATE OF DELAWARE ABIGAIL M. LEGROW LEoNARI) L. WILLlAMs JUsTlcE CENTER JUDGE 500 N. KlNG STREET, SulTE 10400

WlLMlNGTON, DELAWARE 19801 TELEPHONE (302) 255-0669

August 31, 2017

Richard L. Abbott, Esquire John A. Sergovic, Jr., Esquire

Abbott Law Firm Sergovic Carmean Weidman McCartney 724 Yorklyn Road, Suite 240 & Owens, P.A.

Hockessin, DE 19707 406 South Bedford Street, Suite l

Georgetown, DE 19947

RE: Lawrence E. Mergenthaler v. Triumph Mortgage Corp. C.A. No. 09C-09-203 AML

Dear Counsel,

It recently has come to my attention that Judge Graves issued a decision in a judgments case, Evans v. G-33, Inc., Which directly addresses the issue raised in Triumph Mortgage Corporation’s appeal of the Commissioner’s report and recommendation in the above-captioned matter (“Triumph’s Appeal”).l The party in Evans has appealed this Court’s decision and that appeal presently is pending before the Delaware Supreme Court.2 In the interest of efficiency and judicial economy, Triumph’s Appeal hereby is stayed until the Delaware Supreme Court issues its decision in Evans. IT IS SO ORDERED.

Very truly yours,

é§;i‘l`l\§LeGrow, Judge Enclosure

Original to Prothonotary cc: Benjamin P. Chapple, Esquire

l See Evans v. G-33, Inc., C.A. No. SSOSJ-03-068 (Del. Super. June l, 2017) (LETTER OPINION). Because the dockets in judgments cases are difficult to access, a copy of that decision is attached for

the parties’ reference. 2 Evans v. G-33, lnc., No. 248, 2017 (NOTICE OF APPEAL).