Nicollette Sheridan's battery claim against 'Desperate Housewives' creator MARC CHERRY has been dismissed by a judge.

The blonde actress - who portrayed Edie Britt in the programme - had previously alleged that Marc struck her on the head during a rehearsal for the TV series in September

2008, but a judge deemed the claim did not meet the standard of proof required for battery.

The creator told of his delight at the decision as he spoke to reporters outside court in Los Angeles, saying: ''Obviously I'm thrilled by the judge's decision but I'm going to withhold commentary on this matter until the entire case is resolved. ...I'm a very happy man.''

However, Nicollette is also pursuing a case against TV network ABC claiming she was wrongfully dismissed from the show - which also stars Teri Hatcher, MARCIA CROSS, Felicity Huffman and Eva Longoria - because she complained about the altercation.

But Marc has maintained he intended to kill off Nicollette's character months before the incident.