Nixon v. Nixon

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IN THE SUPREME COURT OF THE STATE OF DELAWARE SPENCER NIXON, Respondent BelowAppellant, v. MARY DIXON, Petitioner BelowAppellee. § § § § § § § § § § § No. 418, 2006 Court Below Family Court of the State of Delaware in and for New Castle County File No. CN05-04438 Petition Nos. 05-26477 06-01192 06-07088 Submitted: August 14, 2006 Decided: August 29, 2006 Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices ORDER This 29th day of August 2006, upon consideration of the appellant s untimely notice of appeal, the notice to show cause issued by the Clerk, and the appellant s response thereto, it appears that the appellant s failure to timely file his notice of appeal is not attributable to court-related personnel.1 1 Bey v. State, 402 A.2d 362, 363 (Del. 1979). In his response to the notice to show cause, the appellant states that he did not timely file his notice of appeal because he waited to see if his son s visitation with his mother would be successful. 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 2

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