Stoltz Management Co. v. Phillip

*584OPINION

HERLIHY, Judge.

This matter is before the Court on cross motions for summary judgment on an appeal from a decision of the Justice of the Peace Court. Plaintiff below, appellee, Jill San Phillip [Phillip] sued defendant below, appellant, Stoltz Management Co., Inc. [Stoltz] in the Justice of the Peace Court for the return of a “non-refundable redecorating fee”, paid as part of an apartment lease. After a trial, the court below awarded judgment in favor of Phillip and against Stoltz. Stoltz timely appealed that judgment.

The issues presented in this case are novel to Delaware. Further, the…