Opinion
No. 317 2011.
2012-06-15
Steven A. McLEOD, Plaintiff Below–Appellant, v. Hughey F. McLEOD, Defendant Below–Appellee.
Court Below—Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 11C–03–111.
Before HOLLAND, BERGER, and JACOBS, Justices.
ORDER
CAROLYN BERGER, Justice.
This 15th day of June 2012, upon consideration of the Superior Court's opinion on remand, the appellant's supplemental memorandum, and the record on appeal, it appears to the Court that:
The appellee did not file an answering brief or supplemental memorandum. Accordingly, the Clerk of the Court informed the parties that the appeal would be decided on the basis of the opening supplemental memorandum and the record below.
(1) The appellant, Steven McLeod, filed this appeal from a Superior Court judgment dismissing his complaint on the ground that it was barred by the applicable statute of limitations. In his opening brief on appeal, McLeod argued that the Superior Court erred in dismissing his complaint because the statute of limitations had been tolled. After consideration, we remanded the matter for consideration of the merits of McLeod's equitable tolling argument.
(2) The Superior Court issued its opinion on remand on February 6, 2012. Following a thoughtful and comprehensive review of the law, the Superior Court determined that the statute of limitations should be equitably tolled in McLeod's case and that his cause of action should be permitted to go forward. We agree with the Superior Court's legal conclusion that the statute of limitations was equitably tolled under the circumstances of this case.
McLeod argues that the Superior Court's decision on remand contains erroneous factual findings. We do not address these claims because they are not relevant to the outcome of this appeal.
NOW, THEREFORE, IT IS ORDERED that the Superior Court's June 7, 2011 order dismissing McLeod's complaint as barred by the statute of limitations is hereby VACATED. The Superior Court is directed to reinstate McLeod's cause of action pursuant to its February 6, 2012 opinion on remand, which is hereby AFFIRMED.