Supreme Court of Delaware
James David Black And, Elisabeth v. Black, Petitioners Below-Appellants, v. Justice of the Peace Court 13, and Paul…
November 25, 20142014 Del. LEXIS 560
Summary
The Court reversed the Superior Court’s denial of the Blacks’ petition for a writ of certiorari and remanded for further proceedings. It held that the Justice of the Peace Court improperly issued an expedited summons without allegations or substantial evidence of substantial or irreparable harm, and also proceeded irregularly by failing to create an adequate record explaining its decision. The Court concluded that both errors were reviewable on certiorari because the judgment was final and the alleged defects appeared on the limited record.