Stone v. Smith

• Court: Supreme Court of Delaware
• Decided: January 12, 2024
• Docket: 198, 2022
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

YVONNE STONE,1 § § No. 198, 2022 Respondent Below, § Appellant, § Court Below–Family Court § of the State of Delaware v. § § File No. CN19-01311 CALVIN SMITH, § Petition No. 22-01774 § Petitioner Below, § Appellee. §

Submitted: November 17, 2023 Decided: January 12, 2024

Before VALIHURA, TRAYNOR, and LEGROW, Justices.

ORDER

On May 25, 2023, the Court remanded this matter to the Family Court “for

the limited purpose of allowing the court to clarify what amount, if any, the

[appellant] is obligated to reimburse the [appellee] for the trial testimony of Dr.

Zingaro.”2 On remand, the Family Court allowed the parties to supplement the

record and thereafter determined that the appellant is obligated to reimburse the

appellee for $375, or one-half of Dr. Zingaro’s fee for testifying at trial, under the

Family Court’s January 6, 2020 order addressing the allocation of expenses between

the parties. The record supports the Family Court’s decision.

1 The Court previously assigned pseudonyms to the parties under Supreme Court Rule 7(d). 2 Stone v. Smith, Del. Supr. No. 198, 2022, Traynor, J. (May 25, 2023) (ORDER). NOW, THEREFORE, IT IS ORDERED that the judgment of the Family

Court be AFFIRMED.

BY THE COURT:

/s/ Gary F. Traynor Justice