Gibson v. Division of Family Services
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IN THE SUPREME COURT OF THE STATE OF DELAWARE CAROLINE Y. GIBSON, Petitioner BelowAppellant, v. DIVISION OF FAMILY SERVICES, Respondent BelowAppellee. § § § § § § § § § § § § No. 435, 2000 Court Below Family Court of the State of Delaware, in and for Kent County File No. CN89-11552 Petition No. 00-03927 ORDER This 16th day of November 2000, it appears to the Court that: (1) The Clerk issued a notice dated September 25, 2000 directing the appellant, Caroline Y. Gibson, to show cause why this appeal should not be dismissed, pursuant to Supreme Court Rule 29(b), for her failure to prosecute the appeal diligently. Following this Court s denial of appellant s motion for leave to proceed in forma pauperis, appellant failed to make arrangements with the Family Court for payment of its filing fee and also failed to pay this Court s filing fee. (2) The September 25, 2000 notice to show cause was sent to the post office box number noted on appellant s notice of appeal. After the notice to show cause was returned by the post office with the notation unclaimed, it was sent to Gibson at the address noted on the Family Court s August 21, 2000 decision. The Clerk s Office has not been contacted by Gibson since her letter dated September 5, 2000, which included documents to be attached to her notice of appeal. (3) The appellant having failed to respond to the notice to show cause within the required 10-day period, dismissal of this action is deemed to be unopposed.1 NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the within appeal is DISMISSED. BY THE COURT: /s/ Myron T. Steele______________ Justice Supr. Ct. R. 3(b) (2); Supr. Ct. R. 30(c). 1 2
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