WILMINGTON MEDICAL CENTER v. SEVERNS


433 A.2d 1047 (1981)

WILMINGTON MEDICAL CENTER, INC., a corporation of the State of Delaware; Richard S. Gebelein, as Attorney General for the State of Delaware; Martin Gibbs, M.D., and The Board of Medical Practice of the State of Delaware, Defendants, Appellants, v. William H. SEVERNS, Plaintiff, Appellee.

Supreme Court of Delaware.

Decided July 21, 1981.


Attorney(s) appearing for the Case

Edward F. Kafader, Deputy Atty. Gen. (argued), Wilmington, for defendants Richard S. Gebelein, Atty. Gen. for State of Del., and The Bd. of Medical Practice of the State of Del.

Thomas Herlihy, III (argued), of Herlihy & Herlihy, Wilmington, for plaintiff.

Before DUFFY, McNEILLY and QUILLEN, JJ.


DUFFY, Justice.

The State of Delaware appeals from an order of the Court of Chancery directing it to pay a fee awarded to a guardian ad litem. The questions presented for decision are these: did the Court of Chancery have jurisdiction to order payment of the fee and, if it did, does the doctrine of sovereign immunity bar such an assessment against the State? We conclude that the Trial Court had jurisdiction to award...

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