BAILEY v. ACME/ASCO/ALBERTSON’S, INC., 05A-04-006 (Del.Super. 2005)

RUDOLPH BAILEY, SR., Plaintiff Below-Appellant, v. ACME/ASCO/ALBERTSON’S, INC., Defendant Below-Appellee.

C.A. No. 05A-04-006.Superior Court of Delaware, New Castle County.Submitted: August 19, 2005.
Decided: August 21, 2005.

Upon Reconsideration of Defendant-Apellee’s Motion to Dismiss.

DENIED — PRIOR OPINION VACATED.

Rudolph Bailey, Sr., pro se.

Thomas S. Bouchelle, Esquire, Newark, Delaware, Attorney for the Defendant Below — Appellee.

PEGGY L. ABLEMAN, Judge.

Upon reconsideration of Defendant/Appellee’s Motion to Dismiss this appeal from a judgment of the Court of Common Pleas, it appears that the July 28, 2005 opinion of this Court erroneously stated that Plaintiff-Appellant failed to file his opening brief within the applicable deadline. In fact, according to an August 19, 2005 letter to the Court from the Prothonotary, Plaintiff-Appellant did file his opening brief on time. The brief was then misplaced by a clerk and reported to the Court as not filed. Because Plaintiff-Appellant filed his opening brief within the applicable deadline, and the delay was solely the fault of the Prothonotary, Defendant-Appellee’s Motion To Dismiss isDENIED. The July 28, 2005 order is hereby VACATED.
Defendant-Appellee’s Answering Brief shall be due 20 days from the issuance of this opinion, with Plaintiff-Appellant’s reply brief due 10 days thereafter.

IT IS SO ORDERED.

jdjungle