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Joyner v. Kmart Corp.9/7/2005
timely fashion, or request an extension of time in which to respond, as required by the Superior Court Civil Rules. We, therefore, find no abuse of discretion on the part of the Superior Court in granting Kmart's motion to dismiss. Moreover, we find no abuse of discretion on the part of the Superior Court in denying Joyner's motion for reargument, since it contained no reasonable explanation for her failure to respond to Kmart's motion to dismiss.
(8) It is manifest on the face of Joyner's opening brief that this appeal is without merit because the issues presented on appeal are controlled by settled Delaware law and, to the extent that judicial discretion is implicated, there was no abuse of discretion.
NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 25(a), that Kmart's motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED.
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