Ortiz Santos v. Reynolds

• Court: Superior Court of Delaware
• Decided: February 19, 2024
• Docket: S23C-12-025 MHC
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

Julio Leonal Ortiz Santos, ) and Margarita Santos Juarez ) ) Plaintiffs, ) C.A. No. S23C-12-025 MHC ) v. ) ) Yolanda Reynolds and ) Gwendolyn Smack ) ) Defendants. ) )

ORDER DISMISSING THE COMPLAINT WITH LEAVE TO TRANSFER

Now this 19th day of February, 2024, upon review of Plaintiffs’ Petition for Writ of

Ejectment and statements made by both parties to the Court on Friday, February 16, 2024, it is

obvious to the Court that this is a boundary line dispute requiring an action to quiet title. Actions

to quiet title are within the sole jurisdiction of the Court of Chancery and cannot be heard as Writs

of Ejectment in this Court.1 THEREFORE, IT IS HEREBY ORDERED that the Writ of

Ejectment is DISMISSED in its entirety with leave to transfer pursuant to 10 Del. C. §1902.

/s/ Mark H. Conner Mark H. Conner, Judge

cc: Prothonotary Dean Campbell, Esquire Yolanda Reynolds

1 Cook v. Deep Hole Creek Associates, 2021 WL 1561410 (Del. Super. April 21, 2021).