Vanaman v. State et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE PAUL VANAMAN, § § Plaintiff Below, § Appellant, § § v. § § RONNA M. COBB, JESSE COBB, § PARKER ENTERPRISES, INC., and § TOWN OF GEORGETOWN, § § Defendants Below, § Appellees. § No. 266, 2002 Court Below Superior Court of the State of Delaware, in and for Sussex County, in C.A. No. 01C-01-026. Submitted: January 27, 2004 Decided: February 27, 2004 ORDER This 27th day of February 2004, upon consideration of the motion to dismiss, it appears to the Court that: (1) This 2002 appeal stems from a replevin action that the Superior Court dismissed for the appellant s failure to diligently prosecute. On October 9, 2003, the appellant, Paul W. Vanaman, passed away. (2) Appellee-Town of Georgetown has filed a motion to dismiss the appeal on the basis that a personal representative of the appellant has not filed a suggestion of death upon the record.1 Moreover, it appears that no other 1 Supr. Ct. R. 31(a). party in interest has taken appropriate action within sixty days to file a suggestion of death upon the record.2 (3) The Town of Georgetown s motion to dismiss was served upon the appellant s estate as well as the other appellees to this appeal. To date, there has been no response to the motion to dismiss. Dismissal of the action, therefore, is deemed to be unopposed.3 NOW, THEREFORE, IT IS HEREBY ORDERED that the appeal is DISMISSED. BY THE COURT: /s/ Randy J. Holland Justice 2 Supr. Ct. R. 31(b). 3 Supr. Ct. R. 3(b)(2)(a), 30(c) and 31(c). 2

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