Riley v. New Castle Auto Auction & Consignments, Inc.

• Court: Supreme Court of Delaware
• Decided: March 30, 2020
• Docket: 105, 2019
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

ERIC RILEY & JEANNE RILEY, § § No. 105, 2019 Defendants Below, § Appellants, § § v. § Court Below–Superior Court § of the State of Delaware NEW CASTLE AUTO AUCTION § & CONSIGNMENTS, INC., § Case No. N17A-04-001 § Plaintiff Below, § Appellee. §

Submitted: January 24, 2020 Decided: March 30, 2020

Before SEITZ, Chief Justice; TRAYNOR and MONTGOMERY-REEVES, Justices.

ORDER

This 30th day of March 2020, having considered the parties’ briefs and the

record below, we conclude that the judgment of the Superior Court should be

affirmed on the basis of, and for the reasons assigned by the Superior Court in its

bench ruling issued on February 4, 2019. To the extent that the appellants, Eric Riley

and Jeanne Riley, argue that the Court of Common Pleas lacked jurisdiction to hear

the appeal filed by New Castle Auto Auction & Consignments, Inc. from the

decision of the Justice of the Peace Court, we find that the Court of Common Pleas

correctly concluded that the appeal was timely filed. Moreover, the Rileys conceded to the Superior Court that the Court of Common Pleas’ finding that there was not a

factual basis for a finding of fraud was correct. They cannot now resurrect this claim.

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

Superior Court is AFFIRMED.

BY THE COURT:

/s/ Gary F. Traynor Justice