Opinion
No. 544, 2001
Submitted: February 8, 2002
Decided: March 22, 2002
Court Below — Superior Court of the State of Delaware, in and for New Castle County C.A. No. 01C-07-033
Affirmed.
Unpublished Opinion is below.
ALFRED T. BARTLEY, Plaintiff Below-Appellant, v. RICHARD COVERT, et al., Defendants Below-Appellees. No. 544, 2001 In the Supreme Court of the State of Delaware. Submitted: February 8, 2002 Decided: March 22, 2002
Before VEASEY, Chief Justice, WALSH, and STEELE, Justices.
E. NORMAN VEASEY, Justice:
ORDER
This 22nd day of March 2002, upon consideration of the parties' briefs and the record below, it appears to the Court that:
(1) The plaintiff-appellant, Alfred Bartley, filed this appeal from a Superior Court order, which dismissed his complaint for medical malpractice because Bartley failed to pay the required filing fee. The Superior Court previously had denied Bartley's motion to waive the filing fee and proceed in forma pauperis. Bartley claims on appeal that the Superior Court abused its discretion by refusing to waive the filing fee and for dismissing his complaint.
(2) Having carefully considered the parties' respective briefs, we find it manifest that the judgment of the Superior Court should be affirmed on the basis and for the reasons set forth in the Superior Court's well-reasoned letter order dated August 20, 2001. The Superior Court did not abuse its discretion in determining that Bartley had failed to establish that he was without resources to pay the filing fee.
See DEL. CODE ANN. tit. 10, § 8802 (1999).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.