Kostyshyn, Peter and Patricia v. Trustee's of New Castle Common, Backyard Products, Home Depot U.S.A. Incorporated, Axis Wick Insurance

IN THE SUPREME COURT OF THE STATE OF DELAWARE PETER KOSTYSHYN and § PATRICIA KOSTYSHYN, § § No. 458, 2025 Plaintiffs Below, § Appellants, § Court Below: Superior Court § of the State of Delaware v. § § C.A. No. N25C-10-027 TRUSTEES OF NEW CASTLE § COMMON, BACKYARD § PRODUCTS, HOME DEPOT USA § INCORPORATED, and AXIS § WICK INSURANCE, § § Defendants Below, § Appellees. § Submitted: January 23, 2026 Decided: February 2, 2026 ORDER On November 13 and December 5, 2025, the Chief Deputy Clerk sent the appellants letters directing them to pay the filing fee or file a motion and affidavit to proceed in forma pauperis, or a notice to show cause would issue. On December 23, 2025, the Chief Deputy Clerk issued a notice, sent by certified mail, directing the appellants to show cause why the Court should not dismiss the appeal for their failure to do so. On December 31, 2025, and January 5, 2026, the postal service attempted delivery and left notice that the recipients needed to arrange for delivery.

On January 12, 2026, the Chief Deputy Clerk reissued the notice to show cause by first-class mail. The appellants having failed to respond to the notice to show cause within the ten-day period as provided in Supreme Court Rule 29(b), dismissal of this appeal is deemed to be unopposed.

NOW, THEREFORE, IT IS ORDERED that the appeal is DISMISSED under Supreme Court Rules 3(b)(2) and 29(b).

BY THE COURT: /s/ Abigail M. LeGrow Justice