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CERBERUS INTERN. LTD. v. APOLLO MGMT. L.P.

No. 131, 2001.

794 A.2d 1141 (2002)

CERBERUS INTERNATIONAL, LTD., Cerberus Partners, L.P., Pequod Investments, L.P., and Ultra Cerberus, Ltd., Plaintiffs Below, Appellants, v. APOLLO MANAGEMENT, L.P. and Mobile Technology, Inc., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: March 13, 2002.

Attorney(s) appearing for the Case

Ronald A. Brown, Jr., of Prickett, Jones & Elliott, Wilmington, Delaware, for Appellants.

Lawrence C. Ashby, and Richard D. Heins, of Ashby & Geddes, Wilmington, Delaware; Charles E. Bachman (argued), and James L. Burns, of O'Sullivan, Graev & Karabell, LLP, New York City, of counsel, for Appellees.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER and STEELE, Justices, constituting the Court en Banc.

VEASEY, Chief Justice.

This case involves a merger agreement that plaintiffs seek to reform based upon an alleged mistake of fact in the drafting of the agreement. We review the judgment of the Court of Chancery granting defendants' motion for summary judgment and dismissing the complaint. The Court of Chancery determined that there were no material issues of fact that would enable any reasonable finder of fact to conclude...

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