Hyperlawhypertext legal databasebeta Cunningham v. Prof-2013-S3 Legal Title Trust II 195 A.3d 1198

← Cases

Cunningham v. Prof-2013-S3 Legal Title Trust II

195 A.3d 1198 Court Supreme Court of Delaware. Decision date 2018-10-12 Docket No. 49, 2018 English

Delivered by Karen L. Valihura, Justice

Contents

Majority

p. 1198
Joseph A. CUNNINGHAM, Jr., Personal Representative and Heir, Defendant Below, Appellant, v. PROF-2013-S3 LEGAL TITLE TRUST II, BY U.S. BANK NATIONAL ASSOCIATION, as Legal Title Trustee, Plaintiff Below, Appellee.
No. 49, 2018
Supreme Court of Delaware.
Submitted: August 10, 2018 Decided: October 12, 2018
ORDER

After careful consideration of the parties' briefs and the record on appeal, we conclude that the judgment below should be affirmed on the basis of the Superior Court order, dated January 19, 2018, granting summary judgment. The defendant below-appellant failed to assert any of the defenses available in a scire facias sur mortgage action and failed to raise any genuine issue of material fact.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.