Opinion
No. 128, 2003.
Submitted: December 1, 2003.
Decided: December 10, 2003.
Superior Court of the State of Delaware in and for Sussex County, Cr. ID No. 0107003212.
ORDER
This 10th day of December 2003, it appears to the Court that:
(1) On May 21, 2003, a Notice to Show Cause was issued to appellant Christopher M. Toth, directing him to show cause why this appeal should not be dismissed, pursuant to Supreme Court Rule 29(b), for his failure to diligently prosecute the appeal by not filing his opening brief and appendix. Toth's response to the Notice to Show Cause was filed June 5, 2003.
(2) At the Court's request, the State replied to Mr. Toth's response on June 16, 2003. Despite the State's objection, the Court, by letter from the Clerk dated September 30, 2003, granted Toth an extension to file his opening brief by December 1, 2003. Toth was informed that failure to file his opening brief by the deadline would result in dismissal of his appeal without further notice. Toth has failed to file his opening brief.
NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 3(b)(2) and 29(b), that the within appeal is DISMISSED.