RAFFERTY v. HARTMAN WALSH PAINTING CO., 196 (Del.Supr. 10-19-2000)

It is hereby ordered this 19th day of October 2000, that the Appellants' Motion for Reargument en banc is DENIED.

[*] Retired Justice sitting by designation pursuant to Delaware Constitution Art. IV • 38.

It is further ordered that the July 12, 2000 opinion be amended by deleting the last paragraph and substituting in lieu thereof the following:

• Although we find no error in the Superior Court's dismissal of the complaint based on the record before it, in the interests of justice, we REMAND to the Superior Court for it to consider any motion to amend the complaint in order to state a proper claim.

Jurisdiction is not retained."

BY THE COURT:

/s/ E. Norman Veasey Chief Justice