Savage v. Vanderbilt Mortgage and Finance, Inc.

Summary

The Delaware Supreme Court affirmed a Superior Court judgment granting Vanderbilt Mortgage and Finance, Inc. replevin of a mobile home after Donald W. Savage defaulted on payments and failed to appear at scheduled hearings. The Court held that Savage waived appellate consideration of his arbitration argument because he did not fairly present it to the Superior Court, and the interests of justice did not warrant review under Supreme Court Rule 8.

Holdings

1. The Supreme Court will not consider an arbitration claim that was not fairly presented to the trial court where the interests of justice do not require an exception.
2. The Superior Court judgment in favor of Vanderbilt is affirmed.

Questions Presented

1. Whether the Supreme Court should consider Savage's claim that he was entitled to arbitration when he failed to fairly present that claim to the Superior Court.
2. Whether the Superior Court judgment in Vanderbilt's replevin action should be affirmed.

Disposition

affirmed