Simone v. Simone

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IN THE SUPREME COURT OF THE STATE OF DELAWARE HEATHER SIMONE, Petitioner BelowAppellant, v. EVAN D. SIMONE, Respondent BelowAppellee. § § § § § § § § § § § No. 464, 2010 Court Below Family Court of the State of Delaware in and for New Castle County File No. CN88-8682 Petition No. 09-41643 Submitted: October 15, 2010 Decided: October 19th, 2010 ORDER This 19th day of October 2010, it appears to the Court that, on September 21, 2010, the Clerk 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 court filing fees and transcript costs. The appellant has failed to respond to the notice to show cause within the required 10-day period. Therefore, dismissal of this action is 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/ Myron T. Steele Chief Justice

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