Burke v. King

• Court: Supreme Court of Delaware
• Decided: March 21, 2023
• Docket: 456, 2022
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

ASHLEY BURKE,1 § § Petitioner Below, § No. 456, 2022 Appellant, § § Court Below: Family Court v. § of the State of Delaware § DOUG KING, § File No. CN11-1200 § Petition No. 22-15795 Respondent Below, § Appellee. §

Submitted: March 7, 2023 Decided: March 21, 2023

ORDER

(1) On January 25, 2023, the Senior Court Clerk sent a letter directing the

appellant to pay the Family Court filing fee and transcript cost on or before February

7, 2023, or this Court would issue a notice to show cause why the appeal should not

be dismissed. On February 8, 2023, the Senior Court Clerk issued a notice, sent by

certified mail, directing the appellant to show cause why this appeal should not be

dismissed for the appellant’s failure to pay the Family Court filing fee and transcript

cost. Postal records indicate that the postal service made two delivery attempts and

left notices, but no authorized recipient was available. On February 23, 2023, the

Senior Court Clerk reissued the notice to show cause by first-class mail.

1 The Court previously assigned pseudonyms to the parties under Supreme Court Rule 7(d). (2) The appellant having failed to respond to the notice to show cause

within the required ten-day period or to report any change of address to the Court,

dismissal of this action is deemed to be unopposed.

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)

and 29(b), that the appeal is DISMISSED.

BY THE COURT:

/s/ Gary F. Traynor Justice