MHC McNicol Place LLC v. Kravis, C. A. JP17-21-002617

CourtCourt of Justice of Peace Court of Delaware
Writing for the CourtDeborah Keenan, Chief Magistrate Judge
PartiesMHC MCNICOL PLACE LLC, APPELLEE Plaintiff Below, v. ROBERT KRAVIS, APPELLANT Defendant Below,
Decision Date21 March 2022
Docket NumberC. A. JP17-21-002617

MHC MCNICOL PLACE LLC, APPELLEE Plaintiff Below,
v.

ROBERT KRAVIS, APPELLANT Defendant Below,

C. A. No. JP17-21-002617

State of Delaware, Justice of Peace, Sussex

March 21, 2022


Submitted: February 24, 2022

Jillian Pratt, Esq. represented the Plaintiff Below/Appellee, MHC McNicol Place, LLC, Olga Beskrone, Esq., represented the Defendant Below/Appellant, Robert Kravis.

Deborah J. Keenan, Deputy Chief Magistrate Richard C. Comly, Justice of the Peace Scott Willey, Justice of the Peace

1

ORDER ON TRIAL DE NOVO

Deborah Keenan, Chief Magistrate Judge

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

Plaintiff Below/Apellee, MHC McNicol Place, LLC, (hereinafter "McNicol Place" filed a Summary Possession claim in the Justice of the Peace Court in June 2021 seeking possession of the rented lot at 34122 Pinewood Circle, Lewes for rules violations. Possession of the property was awarded to McNicol Place on December 23, 2021.

Defendant Below/Appellant, Robert Kravis (hereinafter "Kravis"), filed a timely appeal of the judgment pursuant to 25 Del. C. § 5717. The Three Judge Panel consisted of Deputy Chief Magistrate Deborah Keenan, Judge Richard Comly and Judge Scott Willey. This is the decision of the Three Judge Panel hearing the appeal as a Trial de Novo.

ORDER ON MOTIONS

Prior to trial the Court heard arguments on two motions. Kravis motioned the Court to Reconsider the Court's Order Denying Discovery made February 15, 2022. McNicol Place motioned the Court to Quash the Subpoena served February 17, 2022.

After hearing arguments, and considering written submissions, the Court determined that the same information was requested in Discovery as in the Subpoena. That information related to the denial of application for residency made by Kravis' grandson and grandson's girlfriend in late December 2021/early January 2022. The Court determined that, because the applications were not submitted during the time this action was initiated, nor during the timeframe allowed to cure, the information requested is not relevant.

Therefore, Kravis' Motion to Reconsider the Court's Order Denying Discovery was denied. McNicol Place's Motion to Quash the Subpoena was granted.

ARGUMENTS

Testimony during trial revealed that Kravis' grandson and grandson's girlfriend were living in the property with Kravis, prior to his two-year hospitalization and rehabilitation which began in 2020. In October 2020, a fallen tree...

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