Stanley v. Choudhary, C. A. JP17-21-001480

CourtCourt of Justice of Peace Court of Delaware
Writing for the CourtWILLIAM P. WOOD JUSTICE.
PartiesCAM ILLE STANLEY Plaintiff Below, Appellee v. SALMAN CHOUDHARY Defendant Below, Appellant
Decision Date02 September 2021
Docket NumberC. A. JP17-21-001480

CAM ILLE STANLEY Plaintiff Below, Appellee
v.

SALMAN CHOUDHARY Defendant Below, Appellant

C. A. No. JP17-21-001480

State of Delaware, Justice of Peace, Sussex

September 2, 2021


Submitted: August 31, 2021

James Sharp, Esquire appeared for Plaintiff Defendant appeared pro se.

William P. Wood, Justice of the Peace, Scott Willey, Justice of the Peace, John Marin, Senior Justice of the Peace.

ORDER ON TRIAL DE NOVO

WILLIAM P. WOOD JUSTICE.

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

Defendant appealed this landlord-tenant action for a trial de novo before a three-judge panel. During a pre-trial conference, Defendant acknowledged he had no defense to plaintiffs claim based upon a 60 days' notice of termination. However, he was seeking more time to remain in the rental unit as he has purchased a home, but cannot take occupancy on it until the end of October. Plaintiff engaged in some efforts at settlement with Defendant, but those efforts were unsuccessful. The three-judge panel (Judges Martin, Wood and Willey) unanimously agreed Plaintiff is entitled to holdover damages totaling $9706.97 and that the Court has no legal authority to stay the Writ of Possession.

Accordingly, Judgment is awarded in favor of Camille Stanley against Salman Choudhary for $9, 706.97 through August 31, 2021, accruing rent of $106.67 per day until the rental property is vacated, court costs and possession. Post judgment interest shall accrue at the legal rate of 5.25% per annum.

IT IS SO ORDERED.

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).

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