Santee v. Rust

• Court: Supreme Court of Delaware
• Decided: April 3, 2023
• Docket: 444, 2022
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

THOMAS SANTEE, § § No. 444, 2022 Defendant Below, § Appellant, § Court Below–Superior Court § of the State of Delaware v. § § C.A. No. S22C-10-016 AMY RUST, § § Plaintiff Below, § Appellee. §

Submitted: March 14, 2023 Decided: April 3, 2023

ORDER

On December 2, 2022, the appellant, Thomas Santee, filed a notice of appeal

from a Superior Court order granting the appellee a writ of ejectment and ordering

Santee to vacate the subject property. Under the Court’s briefing schedule, Santee’s

opening brief and appendix were due on or before February 21, 2023. On February

22, 2023, the Senior Court Clerk sent a notice of brief deficiency to the address

provided by Santee to the Court. On March 2, 2023, the Senior Court Clerk issued

a notice, sent by certified mail, directing Santee to show cause why this appeal

should not be dismissed for his failure to file an opening brief and appendix. Both

the notice of brief deficiency and the notice to show cause have been returned to the

Court and indicate that Santee is no longer residing at that address and left no

forwarding address. Santee has not reported any change of address to the Court. Under the circumstances, 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