Hobbs v. MTGLQ Investors, L.P.

• Court: Supreme Court of Delaware
• Decided: March 18, 2024
• Docket: 408, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

GEORGE E. HOBBS, JR., CARRIE § A. HOBBS, and VICTORIA § No. 408, 2023 MCGINNES, § § Court Below—Superior Court Defendants Below, § of the State of Delaware Appellants, § § C.A. No. N17L-10-086 v. § § MTGLQ INVESTORS, L.P., § § Plaintiff Below, § Appellee. §

Submitted: February 27, 2024 Decided: March 18, 2024

ORDER

On January 31, 2024, the Chief Deputy Clerk issued a notice directing the

appellants to show cause why this appeal should not be dismissed for their failure to

file an opening brief and appendix by the filing deadline of January 23, 2024 and

their failure to pay the Superior Court appeal preparation fee. Postal records show

that no authorized recipient was available to accept the certified mailing. On

February 16, 2024, the notice to show cause was re-sent by first class mail. A timely

response to the notice to show cause was due by February 26, 2024. To date, the

appellants have not filed an opening brief, paid the Superior Court appeal preparation fee, or responded to the notice to show cause.1 Dismissal of this appeal

is therefore deemed to be unopposed.

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules

3(b)(2) and 29(b), that this appeal is DISMISSED.

BY THE COURT:

/s/ Collins J. Seitz, Jr. Chief Justice

1 Appellant George E. Hobbs, Jr. filed a letter withdrawing the appeal in the Superior Court but did not file a notice of dismissal in this Court.