Cox v. Boyer/Boyer, et al. v. Cox, et al.

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY A.J. COX, : : Plaintiff, : : v. : : BRUCE BOYER, : : Defendant. : __________________________________________: BRUCE BOYER and : SLOAN MANAGEMENT, INC., : : Counterclaim Plaintiffs, : : v. : : A.J. COX, and : BROADMEADOW HEALTH CARE, LLP, : : Counterclaim Defendants. : Submitted: Decided: C.A. No.: 04C-03-195 SCD July 22, 2004 August 23, 2004 ORDER This 23rd day of August, 2004, upon consideration of Defendant, Bruce Boyer s ( Boyer ), motion for reargument as to the issues of severance and the Lender s Setoff Remedy , it appears: 1. Boyer advances no new facts or arguments as were previously submitted in their original motion decided by the Court on July 9, 2004. 2. To prevail on a motion for reargument a party must demonstrate that the Court has misapprehended the law or the facts such as would affect the outcome of the decision.1 The need for reargument has not been demonstrated. WHEREFORE, the motion for reargument is DENIED. IT IS SO ORDERED. /s/ Susan C. Del Pesco Judge Susan C. Del Pesco Original to Prothonotary xc: Counsel of Record 1 Monsanto Co. v. Aetna Cas. & Surety Co., Del. Super., C.A. No. 88-JA-118, Ridgely, P.J. (Jan. 14, 1994) citing Wilshire Rest. Group, Inc. v. Ramada, Inc., Del. Ch., C.A. No. 11506, Jacobs, V.C. (Dec. 27, 1990) (Letter Op.), 1990 Del. Ch. LEXIS 212.

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