Fringer v. Kersey Homes, Inc. ( 2017 )

COURT OF CHANCERY
OF THE
SAM GLASSCOCK III STATE OF DELAWARE COURT OF CHANCERY COURTHOUSE
VICE CHANCELLOR 34 THE CIRCLE
GEORGETOWN, DELAWARE 19947
Date Submitted: September 21, 2017
Date Decided: December 6, 2017
Dean Campbell, Esquire Richard E. Berl, Jr., Esquire
Law Office of Dean A. Campbell LLC Berl & Feinberg LLP
20175 Office Circle 34382 Carpenter’s Way, Suite 3
Georgetown, DE 19947 Lewes, DE 19958
Re: Fringer v. Kersey Homes, Inc., et al., Civil Action No. 9780-
VCG
Dear Counsel:
This matter involves the Plaintiff’s attempt to impose an “equitable
execution” arising from a Superior Court judgment, based on an alleged fraudulent
conveyance. The matter was tried on July 25, 2017. Post-trial briefing followed.
On reviewing the briefs, I find that the parties have omitted statements of fact
citing to the trial record. At the conclusion of trial, I noted that the parties would
require preparation of a trial transcript in aid of post-trial proceedings.1 I also noted
that the amount at issue was not large, and encouraged the parties to act in a cost-
effective way in post-trial submission.2 I did not thereby mean to relieve counsel of
the obligation to cite to the record, however.
1
July 25, 2017 Trial Tr. 163:6.
2
Id. at 162:22–24.
The Plaintiff’s Opening Post-Trial Brief is in memorandum form and omits a
recitation of facts. The Defendants’ Opening Post-Trial Brief states that “the Pretrial
Stipulation includes a number of facts stemming from the Superior Court action . . .
. Those facts may provide some context, but . . . [certain Defendants] were [not]
parties to that action and as a result such facts cannot be imputed to them.”3 The
Plaintiff’s Answering Brief, on the other hand, avers that “there are relatively few
facts in dispute,” and refers to “stipulated facts” from the Superior Court action,
stipulated facts “previously in this Court,” and “[o]ther stipulated facts.”4 In light
of those undescribed facts, the Plaintiff concludes, “a full statement of facts is not
necessary.”5 I disagree.
This matter went to trial for a reason. Presumably, that reason was to adduce
facts upon which I could decide the issues in dispute. A Chancery Court reporter
transcribed the proceedings, so that a record could be created upon which counsel
could rely in aid of the judicial decision just referenced. Accordingly, a statement
of facts citing to the record, whether stipulated to or developed at trial, would be
helpful to me in deciding this matter. The Plaintiff should submit a proposed
Statement of Facts, in numbered paragraphs, with record citations. The Defendants
should admit or deny each paragraph, and if they deny, set out a counter-factual
3
Defs.’ Opening Post-Trial Br. 2.
4
Pl.’s Answering Br. 3.
5
Id.
2
paragraph, citing to the record. The Defendants should also submit any additional
facts necessary to their defense, in the form above, to which the Plaintiff should reply
as described above.
The Parties shall confer and provide me with a form of order setting out a
schedule for the factual submission just described. In light of the season, upon which
I have no wish to impose, I would suggest dates for submission of factual statements
in January 2018.
To the extent the foregoing requires an Order to take effect, IT IS SO
ORDERED.
Sincerely,
/s/ Sam Glasscock III
Sam Glasscock III
3