Locke v. Finegan


Oral Argument
04/03/13 – 04/03/13


In this oral argument before the Delaware Supreme Court, the attorney representing Kimberly Foth, a minor, appealed the Superior court's decision enforcing a settlement agreement on the basis of "presumed authority". The dispute in this case dealt with the division of insurance proceeds by two minors. On December 29, 2011, Angela Barlow, as Next Friend of John Barlow, III,a minor, filed a petition to enforce an agreement to equally divide the $15,000 insurance proceeds. On July 26, 2012, a final order was issued entering judgment in favor of the minor plaintiffs and providing for the payment of $7,500 to each minor plaintiff. These actions arise from an auto accident wherein the plaintiffs and a third party were injured.


The  Superior  Court’s Order entering final judgment was vacated and this matter was remanded for further proceedings. Jurisdiction was retained.


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