Kiser v. U.S. Bank National

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IN THE SUPREME COURT OF THE STATE OF DELAWARE RAYMOND KISER and GLADYS KISER, No. 464, 2005 Court Below: Superior Court of the State of Delaware in and for Sussex County Defendants Below, Appellants, v. C.A. No. 03L-06-021 U.S. BANK NATIONAL ASSOCIATION f/k/a FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 1/1/96 (EQCC HOME EQUITY LOAN TRUST 1996-1), ASSIGNEE OF EQUICREDIT CORPORATION OF AMERICA, ASSIGNEE OF EQUICREDIT CORPORATION OF DE, Plaintiff Below, Appellee. Submitted: October 14, 2005 Decided: November 16, 2005 Before STEELE, Chief Justice, BERGER and RIDGELY, Justices. ORDER This 16th day of November 2005, upon consideration of the appellants untimely notice of appeal, the notice to show cause issued by the Clerk, and the appellant s response thereto, it appears that the appellants failure to timely file their appeal is not attributable to court-related personnel. Accordingly, this Court has no jurisdiction to hear this untimely appeal. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 6 and 29(b), that the within appeal is DISMISSED. BY THE COURT: /s/ Myron T. Steele Chief Justice Bey v. State, 402 A.2d 362, 363 (Del. 1979). 2

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