Pokorny v. Daniels

• Decision Date: 27 February 2020
• Docket Number: C.A. No. JP13-19-011366
• Parties: A JAY POKORNY Plaintiff Below, Appellee v. RASHETA DANIELS Defendant Below, Appellant
• Court: Court of Justice of Peace Court of Delaware

A JAY POKORNY Plaintiff Below, Appellee v. RASHETA DANIELS Defendant Below, Appellant

C.A. No. JP13-19-011366

JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY COURT NO. 13

Submitted: February 26, 2020

February 27, 2020

TRIAL DE NOVO

APPEARANCES:

A Jay Pokorny, Plaintiff, appeared pro se

Rasheta Daniels, Defendant, appeared by and through attorney John Stant, Esq.

Sean P. McCormick, Deputy Chief Magistrate

Christopher R. Portante, Justice of the Peace

Thomas Brown, Justice of the Peace

Page 2

ORDER ON TRIAL DE NOVO

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

February 26, 2020, at the time of the trial the Defendant's attorney, John Stant Esq., put forth a motion to dismiss the case. This motion was based upon an over-stated five-day letter that the Plaintiff sent to the Defendant. This motion is granted because, by admission, the letter sent to the Defendant sought $100 more than was owed to the Plaintiff at the time of demand. Therefore, the case is dismissed without prejudice.

IT IS SO ORDERED 27th day of February, 2020

/s/ Sean P. McCormick

Deputy Chief Magistrate

On Behalf of 3-Judge Panel

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).