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SMITH v. GUEST

No. 252, 2010.

16 A.3d 920 (2011)

Lynn M. SMITH, Respondent Below, Appellant. v. Carol M. GUEST, Petitioner Below, Appellee.

Supreme Court of Delaware.

Decided: March 14, 2011.

Reargument Denied April 12, 2011.

Attorney(s) appearing for the Case

Michael P. Kelly (argued), Daniel M. Silver , and Kate Roggio Buck, Esquires , of McCarter & English, LLP, Wilmington, Delaware; for Appellant.

Richard H. Morse, Esquire (argued), American Civil Liberties Union of Delaware, Wilmington, Delaware; Michael W. Arrington, Esquire , of Parkowski Guerke & Swayze, P.A., Wilmington, Delaware; for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

JACOBS, Justice:

This case arises from new legislation enacted by the General Assembly following this Court's 2009 decision in Smith v. Gordon ("Smith I"),2 which involved the same dispute between the same parties. Respondent-below appellant, Lynn M. Smith ("Smith"), appeals from an April 23, 2010 Family Court order awarding joint custody of ANS, a minor child, to petitioner-below appellee, Carol M. Guest ("Guest"). The Family...

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