Ellington v. Missimer

• Court: Supreme Court of Delaware
• Decided: January 16, 2025
• Docket: 336, 2024
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

CHRISTOPHER M. § ELLINGTON, § No. 336, 2024 § Plaintiff Below, § Court Below–Superior Court Appellant, § of the State of Delaware § v. § C.A. No. S23C-11-021 § STEVE MISSIMER, ET AL., § § Defendants Below, § Appellees. §

Submitted: January 14, 2025 Decided: January 16, 2025

ORDER

On November 14, 2024, the Chief Deputy Clerk sent a notice of brief

delinquency to the appellant, Christopher Ellington, because he had not filed an

opening brief by the November 10, 2024 deadline set by the Court. On December 9,

2024, the Chief Deputy Clerk issued a notice, sent by certified mail, to Ellington

directing him to show cause why this appeal should not be dismissed for his failure

to file an opening brief. The notice to show cause was returned to the Court as

unclaimed and unable to be forwarded. On January 3, 2025, the Senior Court Clerk

sent the notice to show cause to Ellington at the email address he provided to the

Court in his notice of appeal. A timely response to the notice was due on or before

January 13, 2025. To date, Ellington has not provided an updated address (physical or email) to the Court, responded to the notice to show cause, or filed an opening

brief. Under the circumstances, dismissal of this appeal is deemed to be unopposed.

NOW, THEREFORE, IT IS ORDERED that this appeal be DISMISSED

under Supreme Court Rules 3(b)(2) and 29(b).

BY THE COURT:

/s/ Karen L. Valihura Justice