Evans v. Justice of the Peace Court No. 19
Supreme Court of Delaware
1Opinion of the Court
HOLLAND, Justice:
This is a civil appeal from the Superior Court. The proceedings originated in the Justice of the Peace Court. At issue is the effort of Elwyn Evans, Jr. (“Evans”) to have the Superior Court review a $1000.00 sanction imposed upon him pursuant to Justice of the Peace Court Miscellaneous Rule 5.
Evans filed an appeal for review de novo with the Superior Court. The Superior Court dismissed the appeal for lack of jurisdiction. The Superior Court held that the only permissible procedure for review of a Rule 5 sanction was through a petition for a writ of certiorari.
This Court has…
2Cases cited8 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- United States v. MorganSupreme Court of the United States · 1941
- United States Catholic Conference v. Abortion Rights Mobilization, Inc.Supreme Court of the United States · 1988
- Fayerweather v. RitchSupreme Court of the United States · 1904
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3Cited by18 opinions
- Tyson Foods, Inc. v. Aetos Corp.Supreme Court of Delaware · 2002
- DiSabatino v. SaliceteSupreme Court of Delaware · 1996
- McCool v. GehretSupreme Court of Delaware · 1995
- Sahin v. StateSupreme Court of Delaware · 2010
- State v. McCoySupreme Court of Delaware · 2016
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