FRANCIS W. POTTS, Respondent Below, Appellant v. TAMMY L. POTTS, Petiitoner Below, Appellee.

No. 477, 1999.Supreme Court of Delaware.
January 3, 2000.

Appeal from Court Below: Family Court of the State of Delaware, in and for New Castle County, in File No. CN99-10070.

APPEAL DISMISSED.

ORDER
CAROLYN BERGER, Justice

This 3rd day of January 2000, it appears to the Court that:

1. On December 2, 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 paying the Family Court record preparation fee.

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.

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