Opinion
No. 514, 1998.
Decided February 12, 1999.
Court Below: Superior Court of the State of Delaware, in and for New Castle County, in Cr. A. Nos. IN98-01-0415, IN98-02-0337 and 0338
APPEAL DISMISSED.
Unpublished Opinion is below.
EDWARD B. ROGERS, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 514, 1998. In the Supreme Court of the State of Delaware. Decided February 12, 1999.
Court Below: Superior Court of the State of Delaware, in and for New Castle County, in Cr. A. Nos. IN98-01-0415, IN98-02-0337 and 0338
ORDER
This 12th day of February 1999, it appears to the Court that:
1. On January 28, 1999, the Clerk issued a notice directing the appellant to show cause why this appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for the appellant's failure to diligently prosecute this appeal by not filing his opening brief and appendix.
2. Because the appellant has failed to respond to the notice to show cause within the required ten-day period, dismissal of this action is deemed to be unopposed.
NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to
Supreme Court Rules 3(b) and 29(b) that the within appeal is DISMISSED.
BY THE COURT:
/s/ Carolyn Berger, Justice