Denston v. Faulconer

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IN THE SUPREME COURT OF THE STATE OF DELAWARE GREGORY A. DENSTON, Respondent BelowAppellant, v. JULIE LORRINE FAULCONER and LOREN RILEY FAULCONER, Petitioners BelowAppellees. § § § § § § § § § § § § No. 95, 2005 Court Below Family Court of the State of Delaware, in and for New Castle County File No. 02-05-05TN Submitted: March 24, 2005 Decided: April 12, 2005 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 12th day of April 2005, upon consideration of appellant s untimely notice of appeal from the Family Court s April 21, 2003 order, the notice to show cause and response thereto, it appears that appellant s failure to timely file his appeal cannot be attributed to court-related personnel, as we have previously held.* Accordingly, this Court has no jurisdiction to hear this untimely appeal. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the within appeal is DISMISSED. BY THE COURT: /s/ Jack B. Jacobs Justice * See Denston v. Faulconer, Del. Supr., No. 316, 2003, Berger, J. (July 29, 2003) (dismissing untimely appeal from April 21, 2003 Family Court order).

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