Carnevale v. Fulcher, C.A. No. CPU4-09-000873 (Del.Gen.Sess. 1/12/2010)

• Decision Date: 12 January 2010
• Docket Number: C.A. No. CPU4-09-000873.
• Parties: RITA CARNEVALE, Plaintiff Below/Appellant, v. GERARD FULCHER, WILMINTON VIEWS JOURNAL, COMPULSIVE GAMBLING INSTITUTE, Defendants/Appellees.
• Court: Court of General Sessions of Delaware

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RITA CARNEVALE, Plaintiff Below/Appellant, v. GERARD FULCHER, WILMINTON VIEWS JOURNAL, COMPULSIVE GAMBLING INSTITUTE, Defendants/Appellees.

C.A. No. CPU4-09-000873.

Court of Common Pleas of Delaware, New Castle County.

Submitted: January 5, 2010.

Decided: January 12, 2010.

DECISION AFTER TRIAL

ROCANELLI, J.

This is a breach of contract/debt action.

According to Plaintiff Rita Carnevale, Defendants Gerard Fulcher, Wilmington Views Journal, and Compulsive Gambling Institute failed to pay Plaintiff $251.81 owed for copies, office supplies, five hundred (500) blank envelopes, and for her research and investigation associated with addressing an additional five hundred (500) envelopes. Plaintiff also requested an award of court costs of $203.00, consisting of $35.00 for Justice of the Peace Court fees and $168.00 for fees associated with this Court of Common Pleas action. The total amount of Plaintiff's claim, including court costs, is $454.81.

Prior to trial and until the presentation of his defense at trial, Defendant Fulcher admitted he had a contract with Plaintiff, but claimed he had paid Plaintiff in full under the contract. During the presentation of his defense at trial, Defendant Fulcher conceded Plaintiff was owed the monies she sought from him pursuant to a contract between the parties. Defendant Fulcher opposed any award of court costs to Plaintiff.

Trial de novo was held on January 5, 2010, and the Court reserved decision. This is the Court's decision after trial.

After Plaintiff's presentation of evidence and during the presentation of his defense, Defendant Fulcher stipulated and agreed that he owed Plaintiff $251.81, consistent with Plaintiff's claim. Plaintiff agreed that, after Defendant compensated Plaintiff for the supplies and labor for one thousand (1000) envelopes, she would provide to Defendant Fulcher the five hundred (500) labeled envelopes she had prepared pursuant to the contract and the five hundred (500) blank envelopes she had purchased pursuant to the contract.¹

The sole issue remaining for decision by the Court is whether Plaintiff should be awarded court costs incurred in filing the two lawsuits against Defendants for breach of contract, first in Justice of the Peace Court and then in Court of Common Pleas. The Court finds that Plaintiff is entitled to an award of court costs as the prevailing party.

Defendant Fulcher failed to appear at a scheduled pretrial conference. In addition, Defendant Fulcher failed to comply with the Court Order dated August 24, 2009 to "file responsive pleadings on behalf of Defendants Wilmington Views Journal and Compulsive Gambling Institute within 20 days of this order."² Finally, and perhaps most importantly, Defendant Fulcher contested Plaintiff's claims throughout the litigation in two courts, only to concede his liability at trial.

Costs may be awarded to the prevailing party. Court of Common Pleas...