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IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE IN AND FOR SUSSEX COUNTY

JERRY SMITH Plaintiff below/Appellant v. RED BARN, INC., t/a MAACO AUTO PAINTING AND BODYWORKS Defendant below/Appellee

: : : : : : ORDER

C.A.#01-02-102

Jerry Smith, Appellant, appeared pro-se. John C. Andrade, Esquire, appeared for Appellee, Red Barn, Inc. BEAUREGARD, Judge. On this _____day of __________, 2003, the Court considers the following matters: a) Red Barn's Appeal of the Commissioner's REPORT, dated August 23, 2002, recommending that Red Barn's Motion for Relief from the Default Judgment be denied, b) Red Barn's Appeal from the Commissioner's Findings of Fact and Recommendations, dated February 25, 2002, concerning the extent of damages, and c) Smith's Motion To Strike and Dismiss the Appeal. Both of the Appeals and

the Motion are consolidated and will be determined by this ORDER.

In

determining the Appeals from the Commissioner's findings of fact and recommendations, the Court has conducted a careful de novo review of those portions of the foregoing REPORTS to which a timely and proper objection has been made. In addition the Court has reviewed the pleadings, docket entries and applicable transcripts relevant to this review. After doing so and for the reasons stated below, the Court concludes that Red Barn's objections to the Commissioner's findings of fact and recommendations concerning a) relief from the default judgment and b) the extent of damages are either untimely, not stated with sufficient particularity, or without merit. Moreover, the Court concludes that Smith's Motion To Dismiss should be denied. Pursuant to 10 Del. C.

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