Supreme Court of Delaware

Eastern Savings Bank, Fsb, Defendant-Below v. Cach, LLC, Plaintiff-Below — Seitz, J., Dissenting

August 19, 20152015 Del. LEXIS 468

Summary

Justice Seitz dissented from the denial of Eastern's equitable-subrogation claim. In her view, the stipulated facts established every element of equitable subrogation, the doctrine was compatible with Delaware's recording statutes, and denying relief would give CACH an unjustified priority windfall. The dissent would have reversed and remanded for entry of summary judgment for Eastern.