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Harris v. Walsh

Supreme Court of Delaware

June 12, 2014

TAMMY HARRIS, [1] Respondent Below-Appellant,
v.
ADRIAN WALSH, Petitioner Below-Appellee

Submitted: June 10, 2014.

Motion for Reargument filed 6/27/14;

Denied 6/30/14.

Case Closed June 30, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below--Family Court of the State of Delaware, in and for New Castle County, File No. CN10-02395. Petition Nos. 12-31409, 12-34733, 13-28573.

OPINION

Henry duPont Ridgely, Justice.

ORDER

This 12th day of June 2014, it appears to the Court that:

(1) On May 16, 2014, the appellant filed a notice of appeal from a Family Court order dated April 1, 2014 and mailed on April 2, 2014.

(2) The Senior Court Clerk issued a Supreme Court Rule 29(b) notice directing the appellant to show cause why this appeal should not be dismissed for her failure to file a notice of appeal within 30 days after entry upon the docket of the Family Court order.

(3) The notice to show cause was sent to the address provided by the appellant in her notice of appeal. The notice to show cause was returned to the Clerk's office with the notation " Return to Sender, Not Deliverable as Addressed, Unable to Forward."

(4) The notice to show cause was then re-sent to the address provided by the appellant in her notice of appeal and again returned to the Clerk's office with the notation " Return to Sender, Not Deliverable as Addressed, Unable to Forward."

(5) Because the appellant has failed to provide a current mailing address to the Court and has failed to respond to the notice to show cause within the required ten-day period, dismissal of this action is deemed to be unopposed.

NOW, THEREFORE, IT IS HEREBY ORDERED, under Supreme Court Rules 3(b)(2) and 29(b), that the within appeal is DISMISSED.


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