SANDERS v. SANDERS


570 A.2d 1189 (1990)

Hanley SANDERS, Respondent Below, Appellant, v. Gretchen Ann SANDERS, Petitioner Below, Appellee.

Supreme Court of Delaware.

Decided March 2, 1990.


Attorney(s) appearing for the Case

Grover C. Brown (argued), and Barbara D. Crowell of Morris, James, Hitchens & Williams, Wilmington, for appellant.

Gerald Z. Berkowitz (argued), and Alene S. Berkowitz of Berkowitz, Greenstein, Schagrin & Coonin, P.A., Wilmington, for appellee.

Before CHRISTIE, C.J., HORSEY, MOORE, WALSH and HOLLAND, JJ. (constituting the Court en banc).


MOORE, Justice.

We accepted this interlocutory appeal to consider whether the Family Court has jurisdiction to hear a petition to rescind a property division agreement not merged into a divorce decree. Hanley Sanders ("husband") appeals an order of the Family Court denying his motion to dismiss the petition of his former wife, Gretchen Ann Sanders ("wife"). The wife sought to rescind a property division agreement executed by the parties in 1984, before their uncontested...

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