Fox v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE LINDA FOX, Respondent Below, Appellant, v. STATE OF DELAWARE, Petitioner Below, Appellee. § § § § § § § § § § § No. 273, 2001 Court Below Court of Common Pleas of the State of Delaware, in and for Sussex County in C.A. No. 01-03-139. Submitted: June 12, 2001 Decided: June 15, 2001 Before WALSH, HOLLAND and BERGER, Justices ORDER This 15th day of June 2001, it appears to the Court that: (1) The appellant, Linda Fox, has filed a notice of appeal from an order entered on May 23, 2001, by the Court of Common Pleas. This Court lacks jurisdiction to consider an appeal directly from the Court of Common Pleas. Del. Const. art. IV, § 11(1)(b); 10 Del. C. § 1326. (2) The Court has determined that this appeal should be dismissed, sua sponte, pursuant to Supreme Court Rule 29(c). The notice of appeal, on its face, manifestly fails to invoke the Court s jurisdiction. The Court has concluded, in the exercise of its discretion, that a notice of dismissal would serve no meaningful purpose, and that any response to a notice of dismissal would be of no avail. NOW, THEREFORE, IT IS ORDERED, that this appeal is DISMISSED, sua sponte, pursuant to Supreme Court Rule 29(c). BY THE COURT: /s/ Randy J. Holland Justice 2

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