Kane v. Clark

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ALLAN G. KANE,1 § § § § § § § § § § § Petitioner Below, Appellant, v. SUSAN CLARK, Respondent Below, Appellee. No. 647, 2010 Court Below Family Court of the State of Delaware, in and for New Castle County C.A. No. CN98-09498 Submitted: February 14, 2011 Decided: February 18, 2011 ORDER This 18th day of February 2011, it appears to the Court that, on January 25, 2011, the Chief Deputy Clerk issue a notice to appellant to show cause why the appeal should not be dismissed for appellant s failure to diligently prosecute the appeal by not filing his opening brief and appendix. Appellant failed to respond to the notice to show cause within the required ten-day period; therefore, dismissal of this action is deemed to be unopposed. NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to Supreme Court Rules 3(b) and 29(b), that the within appeal is DISMISSED. BY THE COURT: /s/ Henry duPont Ridgely Justice 1 The Court assigned pseudonyms to the parties pursuant to Supreme Court Rule 7(d).

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