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AMERICAN FUNDING SERVICES v. STATE

No. 513, 2011.

41 A.3d 711 (2012)

AMERICAN FUNDING SERVICES, Plaintiff Below, Appellant, v. STATE of Delaware and Justice of the Peace Court No. 2, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: February 21, 2012.

Attorney(s) appearing for the Case

Samuel L. Guy, Esquire , Wilmington, Delaware, for appellant.

Ralph K. Durstein, Esquire , Department of Justice, Wilmington, Delaware, for appellees.

Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.

HOLLAND, Justice:

The plaintiff-appellant, American Funding Services ("American Funding"), appeals from a Superior Court judgment that granted the State's motion to dismiss American Funding's petition for a writ of certiorari. American Funding raises three arguments on appeal. First, American Funding contends that the Superior Court erred when it applied the wrong standard for reviewing a motion to dismiss. Second,...

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