Tower v. Fowler

• Court: Supreme Court of Delaware
• Decided: September 14, 2023
• Docket: 268, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

JOHN TOWER,1 § § No. 268, 2023 Petitioner Below, § Appellant, § Court Below–Family Court § of the State of Delaware v. § § File No. CN14-04728 JANET FOWLER, § Petition No. 22-21006 § Respondent Below, § Appellee. §

Submitted: September 7, 2023 Decided: September 14, 2023

ORDER

On August 2, 2023, John Tower filed an appeal from the Family Court’s July

26, 2023 letter addressing the merits of Tower’s petition for a rule to show cause.

Because the Family Court docket reflected that a hearing was scheduled on the

petition for the following week, the Senior Court Clerk issued a notice, sent by

certified mail, to Tower to show cause why his appeal should not be dismissed for

his failure to comply with Supreme Court Rule 42 when taking an appeal from an

apparent interlocutory order. The United States Postal Service information sheet

indicates that the notice was sent out for delivery on August 15, 2023. On August

23, 2023, the Court resent the notice to Tower at the address he provided to the Court

1 The Court previously assigned pseudonyms to the parties under to Supreme Court Rule 7(d). via first-class mail. A timely response to the notice to show cause was due on or

before September 6, 2023. To date, Tower has not responded to the notice to show

cause. Dismissal of the 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 is DISMISSED.

BY THE COURT:

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