Opinion
C. A. N19L-06-090 SPL
11-09-2023
PEARCE & MORETTO, INC., Plaintiff, v. HYETT'S CORNER, LLC, Defendants.
Submitted: November 8, 2023
Order on Remand from the appeal of Hyett's Corner, LLC, to the Supreme Court of the State of Delaware
ORDER
Sean P. Lugg, Judge
This 9th day of November 2023, this Court enters a corrected judgment consistent with the Supreme Court's October 24, 2023, Order and November 8, 2023, Mandate.
BACKGROUND
1. Following a three-day bench trial, this Court entered a verdict that "afforded some relief to both parties." Hyett's Corner appealed, alleging six errors by this Court. The Delaware Supreme Court found "only the sixth has merit."
Hyett's Corner, LLC v. Pearce & Moretto, Inc., 2023 WL 6995388, at *1 (Del. Oct. 24, 2023); Pearce & Moretto, Inc., v. Hyett's Corner, LLC, 2022 WL 17986631 (Del. Super. Ct. Dec. 22, 2022).
Hyett's Corner, LLC, 2023 WL 6995388, at *1.
2. The Supreme Court concluded "that part of the $27,788.64 award to Hyett's Corner was incorrectly calculated." That Court found that "because of inconsistency and errors," this Court's award for seeding and mulching was not reasonable and directed that this award be recalculated by "multiplying the relevant contract price and its proper unit of measure ($0.26 per square yard) with the proper area (44,383 square yards)." This calculation yields an award of $11,539.58 and "brings the total of both awards in Hyett's Corner's favor to $31,804.22."
Id. at *3.
Id. (internal citation omitted).
Id.
3. Consistent with the Delaware Supreme Court's Order remanding this matter for entry of a corrected judgement, this Court's December 22, 2022, Order is hereby corrected to reflect an award of damages to Hyett's Corner in the amount of $31,804.22.
IT IS SO ORDERED.