Cunningham v. Prof-2013-S3 Legal Title Trust II, 195 A.3d 1198 (2018)

Oct. 12, 2018 · Delaware Court of Errors and Appeals · No. 49, 2018

195 A.3d 1198

Joseph A. CUNNINGHAM, Jr., Personal Representative and Heir, Defendant Below, Appellant,
v.
PROF-2013-S3 LEGAL TITLE TRUST II, BY U.S. BANK NATIONAL ASSOCIATION, as Legal Title Trustee, Plaintiff Below, Appellee.

No. 49, 2018

Supreme Court of Delaware.

Submitted: August 10, 2018
Decided: October 12, 2018

ORDER

Karen L. Valihura, Justice

After careful consideration of the parties' briefs and the record on appeal, we conclude that the judgment below should be affirmed on the basis of the Superior Court order, dated January 19, 2018, granting summary judgment. The defendant below-appellant failed to assert any of the defenses available in a scire facias sur mortgage action and failed to raise any genuine issue of material fact.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.