McCoy v. McCoy

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JOSEPH V. McCOY, III, Petitioner BelowAppellant, v. AMY L. McCOY, Respondent BelowAppellee. § § § § § § § § § § § No. 378, 2004 Court Below---Family Court of the State of Delaware, in and for Sussex County File No. CS03-07793 Petition Nos. 03-34719; 04-02434; 04186; 08957 ORDER This tenth day of February 2005, it appears to the Court that: (1) On November 16, 2004, the Clerk of this Court issued a notice to show cause why this appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for the appellant s failure to diligently prosecute the appeal by failing to pay the Family Court s filing fee and transcript fee as directed by the Clerk in a letter dated October 22, 2004. (2) The appellant has failed to respond to the notice to show cause within the required 10-day period. Dismissal of this action is, therefore, deemed to be unopposed. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 3(b) and 29(b), that the within appeal is DISMISSED. BY THE COURT: /s/ Randy J. Holland Justice -2- No. 378, 2004 Joseph V. McCoy, III, pro se 701-A South DuPont Blvd. Milford, DE 19963 Amy L. McCoy, pro se 201 Madison St. Coatesville, PA 19320 The Honorable Kenneth M. Millman Family Court 22 The Circle Georgetown, DE 19947 -3-

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