Opinion
C.A. No. 05A-04-006.
Submitted: July 22, 2005.
Decided: July 28, 2005.
Upon Defendant-Apellee's Motion to Dismiss.
GRANTED.Rudolph Bailey, Sr., pro se.
Thomas S. Bouchelle, Esquire, Newark, Delaware, Attorney for the Defendant Below — Appellee.
On Defendant/Appellee's Motion to Dismiss this appeal from a judgment of the Court of Common Pleas, it appears to the Court that:
1. The records from the Court of Common Pleas regarding this case were filed with the Prothonotary on May 19, 2005.
2. On July 1, 2005, the Prothonotary notified Plaintiff/Appellant that those records were received and that his opening brief on appeal was due July 21, 2005.
3. On July 11, 2005, Defendant/Appellee moved to dismiss on the grounds that Plaintiff/Appellee's Opening Brief was not filed within 20 days of the receipt of records on May 19, 2005.
4. Also on July 11, 2005, Plaintiff/Appellant responded by informing Defendant/Appellee and the Court that the Prothonotary's notice gave him until July 21, 2005 to file his brief, and that he would do so by that date.
5. As of today, July 28, 2005, Plaintiff/Appellant has not filed his opening brief.
Because Plaintiff/Appellant failed to comply with Superior Court Rule 72(e) by failing to file an opening brief within 20 days of the receipt of the record below, even after written notice and making a specific promise to do so, Defendant/Appellee's Motion To Dismiss is hereby GRANTED.