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WATERSIDE PARTNERS v. C. BREWER AND CO.

No. 142, 1999.

739 A.2d 768 (1999)

WATERSIDE PARTNERS, Plaintiff Below, Appellant, v. C. BREWER AND COMPANY, LTD., C. Brewer Homes, Inc., John W.A. Buyers, Kent T. Lucien, James S. Andrasick, James H. Case, Ralph C. Hook, Mauna Loa Macadamia Partners, L.P., and Mauna Loa Resources, Inc., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: November 1, 1999.

Attorney(s) appearing for the Case

Joseph A. Rosenthal and Kevin Gross, Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington, Delaware, and Sidney B. Silverman, (argued) and H. Adam Prussin, Silverman, Harnes, Harnes, Prussin & Keller, New York City, for appellant.

Rodman Ward, Jr., (argued) and Stephen D. Dargitz, Skadden, Arps, Slate, Meagher & Flom, Wilmington, Delaware, for appellees.

Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices.

PER CURIAM:

This is an appeal from a decision of the Court of Chancery denying the Plaintiff an award of attorneys' fees arising out of a mooted derivative action. We conclude that the Court of Chancery correctly determined that the Plaintiff's successful efforts in a related proxy contest that served to moot the derivative action did not provide a basis for the award of fees and expenses in the derivative action. Accordingly...

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