Supreme Court of Delaware

An order dismissing plaintiff's complaint against the administrator of a decedent's estate for amounts due under a reverse mortgage, with prejudice, as a sanction for its discovery violations, is vacated in part and remanded with instruction to enter a more appropriate sanction where the trial court abused its discretion in ordering dismissal with prejudice when the record did not establish a willful and conscious disregard by plaintiff of its discovery obligations.

Appellate Information

• Decided 08/25/2006
• Published 08/28/2006

Judges

• STEELE, Chief Justice., Before, STEELE, Chief Justice, BERGER, and JACOBS, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Janet Z. Charlton, Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware, for appellant.


• For Appellees:
  
• Martin J. Cosgrove, Jr., Moore & Rutt, P.A., Georgetown, Delaware, for appellee.