Glorioso v. Price, C.A. No. JP17-20-003314

CourtCourt of Justice of Peace Court of Delaware
Writing for the CourtJohn C. Martin, Senior Justice of the Peace
PartiesNANCY GLORIOSO Plaintiff Below, APPELLANT v. LEILA PRICE Defendant Below, APPELLEE
Docket NumberC.A. No. JP17-20-003314
Decision Date27 April 2021

NANCY GLORIOSO Plaintiff Below, APPELLANT
v.
LEILA PRICE Defendant Below, APPELLEE

C.A. No. JP17-20-003314

JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE IN AND FOR SUSSEX COUNTY COURT NO. 17

Submitted: April 22, 2021
April 27, 2021


TRIAL DE NOVO

APPEARANCES:
Nancy Glorioso appeared pro se.

The defendant did not appear.

Richard D. Comly, Justice of the Peace
William P. Wood, Justice of the Peace
John C. Martin, Senior Justice of the Peace

Martin for the Court

Page 2

AMENDED ORDER ON TRIAL DE NOVO

The Court has entered a judgment or order in the following form:

On August 5, 2020, the plaintiff filed this action seeking to recover unpaid rent and possession of the property located at 10 Love Creek Drive, Lewes, Delaware, 19958. On March 26, 2021 trial was held and the case was dismissed without prejudice. On April 5, 2021 the Plaintiff filed a timely appeal of this decision pursuant to 25 Delaware Code Section 5717. This is the decision of the Three Judge Panel hearing the appeal as a Trial de Novo.

The plaintiff testified that the defendant was his tenant. The monthly rent was $1,200.00. Mediation was attempted in this case but the defendant would not cooperate. As of the date of the Panel trial, the defendant owed the plaintiff $11,870.00 in unpaid rent.

Considering the evidence presented, the Court enters Default judgment on behalf of the plaintiff and against the defendant in the amount of $11,870.00 plus court costs of $105.00 and post judgment interest at the legal rate of 5.25% per annum. Per diem rent of $40.00 is awarded to the plaintiff from April 23, 2021 to the date of actual possession.

The Court also finds that it is in the interest of justice to award the plaintiff possession of the rental property upon proper application due to the length of time rent has not been paid and the defendant's lack of cooperation in the mediation process.

IT IS SO ORDERED 27th day of April, 2021

/s/_________ (SEAL)
John C. Martin
Senior Justice of the Peace

Information on post-judgment procedures for default judgment on Trial De Novo is found in the attached sheet entitled Justice of the Peace Courts Civil Post-Judgment Procedures Three Judge Panel (J.P. Civ. Form No. 14A3J).

Page 3

Plaintiff Parties:
PLAINTIFF
SYSTEM ID: @2762342
NANCY GLORIOSO
32298 MARINERS WAY
MILLSBORO, DE 19966

Defendant Parties:
DEFENDANT
SYSTEM ID: @3305472
LEILA PRICE
10 LOVE CREEK DRIVE
LEWES, DE 19958

Other Case Parties:

Page 4

JUSTICE OF THE PEACE COURT
CIVIL POST- JUDGMENT PROCEDURES
THREE JUDGE
...

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