Pearce v. Wilmington Savings Fund Society, F.S.B

• Court: Supreme Court of Delaware
• Decided: September 12, 2024
• Docket: 343, 2024
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

ZACHARY PEARCE, § § No. 343, 2024 Defendant Below, § Appellant, § Court Below–Superior Court § of the State of Delaware v. § § C.A. No. N22L-05-068 WILMINGTON SAVINGS FUND § SOCIETY, F.S.B., § § Plaintiff Below, § Appellee. §

Submitted: September 6, 2024 Decided: September 12, 2024

ORDER

On August 19, 2024, the appellant, Zachary Pearce, filed a notice of appeal

from a Superior Court commissioner’s order denying his motion to be relieved from

judgment under Superior Court Civil Rule 60(b). The Senior Court Clerk issued a

notice, sent by certified mail, directing Pearce to show cause why this appeal should

not be dismissed for the Court’s lack of jurisdiction to consider an appeal taken

directly from a Superior Court commissioner’s order. Pearce received the notice to

show cause on August 26, 2024. A timely response was due on or before September

5, 2024. To date, Pearce has not responded to the notice to show cause. 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 the appeal be DISMISSED.

BY THE COURT:

/s/ Gary F. Traynor Justice