Opinion
No. 8, 1999.
Decided February 3, 1999.
Court Below: Superior Court in and for Sussex County in Cr.A. No. 97-07-0685R1.
ORDER
This 3rd day of February 1999, it appears to the Court that:
(1) By letter dated January 28, 1999, the Superior Court informed the Clerk that a motion for reconsideration filed by the appellant, Paul W. Davis ("Davis") has yet to be considered and acted upon by that court. The letter goes on to state that the appeal may be premature due to no fault of the appellant. Therefore, the Court has determined that, in the interest of justice, this matter should be remanded to the Superior Court to permit that court to act upon Davis' motion for reconsideration.
2) Upon return from remand, the appellant may amend the notice of appeal to include the Superior Court's final ruling in this matter.
NOW, THEREFORE, IT IS ORDERED that this matter is hereby REMANDED to the Superior Court, with jurisdiction retained, for a ruling on Davis' motion for reconsideration.
BY THE COURT:
/s/ Carolyn Berger, Justice