Bailey v. Acme/Asco/Albertson's, Inc.

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY RUDOLPH BAILEY, SR., Plaintiff Below - Appellant, v. ACME/ASCO/ALBERTSON S, INC., Defendant Below - Appellee. ) ) ) ) ) C.A. No. 05A-04-006 ) ) ) ) Submitted: August 19, 2005 Decided: August 21, 2005 UPON RECONSIDERATION OF DEFENDANT-APELLEE S MOTION TO DISMISS DENIED PRIOR OPINION VACATED. Rudolph Bailey, Sr., pro se. Thomas S. Bouchelle, Esquire, Newark, Delaware, Attorney for the Defendant Below - Appellee. ABLEMAN, J. Upon reconsideration of Defendant/Appellee s Motion to Dismiss this appeal from a judgment of the Court of Common Pleas, it appears that the July 28, 2005 opinion of this Court erroneously stated that Plaintiff-Appellant failed to file his opening brief within the applicable deadline. In fact, according to an August 19, 2005 letter to the Court from the Prothonotary, Plaintiff-Appellant did file his opening brief on time. The brief was then misplaced by a clerk and reported to the Court as not filed. Because Plaintiff-Appellant filed his opening brief within the applicable deadline, and the delay was solely the fault of the Prothonotary, Defendant-Appellee s Motion To Dismiss is DENIED. The July 28, 2005 order is hereby VACATED. Defendant-Appellee s Answering Brief shall be due 20 days from the issuance of this opinion, with Plaintiff-Appellant s reply brief due 10 days thereafter. IT IS SO ORDERED. Peggy L. Ableman, Judge cc: Rudolph V. Bailey, Sr. Thomas S. Bouchelle, Esquire Prothonotary 2

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