Xishun v. Smith

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IN THE SUPREME COURT OF THE STATE OF DELAWARE XARIA XISHUN, Petitioner BelowAppellant, v. THOMAS SMITH, Defendant BelowAppellee. § § § § § § § § § § § No. 153, 2007 Court Below Family Court of the State of Delaware, in and for New Castle County File No. CN02-10363 Petition No. 06-02250 Submitted: September 17, 2007 Decided: December 17, 2007 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 17th day of December 2007, after careful consideration of appellant s opening brief and appellee s motion to affirm, we find it manifest that the Family Court decision on appeal, which denied appellant s motion for reargument below, should be affirmed. It is clear that appellant s motion for reargument was not filed within the required ten-day period set forth in Family Court Civil Rule 59(e). NOW, THEREFORE, IT IS ORDERED that the judgment of the Family Court is AFFIRMED. BY THE COURT: /s/ Jack B. Jacobs Justice

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