Kostyshyn, Peter and Patricia v. Trustee's of New Castle Common, Backyard Products, Home Depot U.S.A. Incorporated, Axis Wick Insurance
This text of Kostyshyn, Peter and Patricia v. Trustee's of New Castle Common, Backyard Products, Home Depot U.S.A. Incorporated, Axis Wick Insurance (Kostyshyn, Peter and Patricia v. Trustee's of New Castle Common, Backyard Products, Home Depot U.S.A. Incorporated, Axis Wick Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF DELAWARE
PETER KOSTYSHYN and § PATRICIA KOSTYSHYN, § § No. 458, 2025 Plaintiffs Below, § Appellants, § Court Below: Superior Court § of the State of Delaware v. § § C.A. No. N25C-10-027 TRUSTEES OF NEW CASTLE § COMMON, BACKYARD § PRODUCTS, HOME DEPOT USA § INCORPORATED, and AXIS § WICK INSURANCE, § § Defendants Below, § Appellees. §
Submitted: January 23, 2026 Decided: February 2, 2026
ORDER
On November 13 and December 5, 2025, the Chief Deputy Clerk sent the
appellants letters directing them to pay the filing fee or file a motion and affidavit to
proceed in forma pauperis, or a notice to show cause would issue. On December
23, 2025, the Chief Deputy Clerk issued a notice, sent by certified mail, directing
the appellants to show cause why the Court should not dismiss the appeal for their
failure to do so. On December 31, 2025, and January 5, 2026, the postal service
attempted delivery and left notice that the recipients needed to arrange for delivery.
On January 12, 2026, the Chief Deputy Clerk reissued the notice to show cause by first-class mail. The appellants having failed to respond to the notice to show cause
within the ten-day period as provided in Supreme Court Rule 29(b), dismissal of this
appeal is deemed to be unopposed.
NOW, THEREFORE, IT IS ORDERED that the appeal is DISMISSED under
Supreme Court Rules 3(b)(2) and 29(b).
BY THE COURT:
/s/ Abigail M. LeGrow Justice
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