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affirming the trial court's decision despite the Appellee's failure to file an answering brief on appeal
Summary of this case from Murphy & Landon, P.A. v. PernicOpinion
No. 92, 2009.
Submitted: August 14, 2009.
Decided: October 14, 2009.
Court Below — Family Court of the State of Delaware in and for New Castle County, File No. CN00-09294.
Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.
ORDER
This 14th day of October 2009, upon consideration of the appellant's opening brief and appendix and the Family Court record, we conclude that this appeal should be affirmed on the basis of, and for the reasons set forth in, the Family Court's order of February 12, 2009, that dismissed the appellant's petition to modify visitation for lack of jurisdiction.
On July 22, 2009, the parties were notified that, as a result of the appellee's failure to file an answering brief, the appeal would be decided on the basis of the appellant's opening brief and appendix and the Family Court record.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Family Court be, and the same hereby is, AFFIRMED.