Opinion
No. 353, 2002
November 4, 2002
Court Below-Family Court of the State of Delaware, in and for New Castle County File No. CN99-10377 Petition No. 0140477
ORDER
This 4TH day of November 2002, it appears that, on August 26, 2002, the Clerk of this Court issued a notice to show cause why this appeal should not be dismissed for appellant's failure to diligently prosecute his appeal by failing to pay the required record preparation fee and transcript costs to the Family Court. The appellant failed to respond to the notice to show cause within the required ten-day period; therefore, 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 appeal of appellant/cross-appellee Larry Winters is DISMISSED. The cross-appeal of appellee/cross-appellant Cynthia White Winters shall proceed.