Opinion
No. 263, 2002
Submitted: July 12, 2002
Decided: August 23, 2002
Court Below-Family Court of the State of Delaware, in and for New Castle County File No. CN97-11624 CPI No. 97-37762
Affirmed.
Unpublished opinion is below.
BAHEG BISTAWROS, Petitioner Below-Appellant, v. KAREN BISTAWROS, Respondent Below-Appellee. No. 263, 2002 In the Supreme Court of the State of Delaware. Submitted: July 12, 2002 Decided: August 23, 2002
Before VEASEY, Chief Justice, WALSH, and STEELE, Justices.
E. Norman Veasey, Chief Justice:
ORDER
This 23rd day of August 2002, upon consideration of the appellant's opening brief, the appellee's motion to affirm, and the record below, it appears to the Court that:
(1) The petitioner below-appellant, Baheg Bistawros ("Father"), filed this appeal from the Family Court's denial of Father's motion to set aside a September 10, 1998 judgment awarding custody of the parties' minor children to Mother. The Family Court treated Father's motion as a motion for relief from judgment under Family Court Civil Rule 60(b) and denied the motion as moot. This appeal ensued.
(2) We have reviewed the parties' contentions and the record carefully. We conclude that the Family Court did not abuse its discretion in denying Father's motion as moot. The record reflects that the Family Court, in a separate dependency/neglect proceeding, issued an order dated January 29, 2001 awarding custody of the children to their maternal grandparents.
That judgment, which superseded the September 1998 judgment awarding custody to Mother, remains in effect. Accordingly, Father's claims of fraud and "cover-up" with respect to the proceedings leading to the September 1998 judgment are moot. Summary disposition of Bistawros's claims was appropriate, and we find no error in the Family Court's restriction of future filings by either party absent compliance with 10 Del. C. § 8803(e).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Family Court is AFFIRMED.