Morgan v. Scott

Summary

The Delaware Supreme Court affirmed a Superior Court judgment awarding Geoffrey Scott $298,000 in restitution against Kathleen Morgan. The court held that the parties’ mutual mistake concerning the repayment terms of their oral agreement rendered the contract voidable and permitted the Superior Court to restore the parties to the pre-existing status quo. The court also held that Morgan’s other appellate arguments were waived or insufficiently presented for review.

Holdings

1. The Superior Court's judgment as a matter of law and restitutionary award in Scott's favor were affirmed. Morgan identified no error in the Superior Court's conclusion that the parties' mutual mistake concerning the essential repayment term rendered the agreement voidable and permitted restoration of the parties to the pre-existing status quo.
2. Claims unsupported by a discernible argument, record citations, or supporting law or facts are not capable of appellate review and may be deemed waived.
3. A Superior Court decision granting judgment as a matter of law is reviewed de novo.

Questions Presented

1. Whether the Superior Court properly granted judgment as a matter of law and awarded restitution after finding that the parties' mutual mistake concerning the repayment term rendered the oral agreement voidable.
2. Whether the Superior Court should have dismissed the action or transferred it to the Court of Chancery for reformation and equitable relief.
3. Whether Morgan's additional claims concerning liens, discovery, an evidentiary hearing, surprise, and hearsay were reviewable despite inadequate briefing.

Disposition

affirmed