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GUZZETTA v. SERVICE CORP. OF WESTOVER HILLS

No. 34, 2010.

7 A.3d 467 (2010)

Robert GUZZETTA and Kathleen S. Guzzetta, Defendants Below, Appellants, v. SERVICE CORPORATION OF WESTOVER HILLS, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: November 9, 2010.

Attorney(s) appearing for the Case

Thomas C. Marconi, Esquire (argued), and Paul E. Bilodeau, Esquire , of Losco & Marconi, P.A., Wilmington, Delaware, for Appellants.

Richard H. Cross, Jr., Esquire , (argued), Amy E. Evans, Esquire , and Ryan M. Ernst, Esquire , of Cross & Simon, LLC, Wilmington, Delaware, for Appellee.

Before STEELE, Chief Justice, BERGER and JACOBS, Justices.

BERGER, Justice:

In this appeal we consider whether the Court of Chancery abused its discretion in setting the amount of an injunction bond. A party that is wrongfully enjoined may recover damages resulting from the injunction, but that recovery is limited to the amount of the bond. Thus, in order to fully protect the enjoined party, the trial court should set the bond at a level likely to meet or exceed a reasonable estimate of potential damages. In this case, the...

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