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DRAPER v. MEDICAL CENTER OF DELAWARE

No. 518, 1999.

767 A.2d 796 (2001)

Shaunttel C.L. DRAPER, Plaintiff Below, Appellant, v. The MEDICAL CENTER OF DELAWARE and Maternity & Gynecology Assoc., P.A., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: March 12, 2001.

Attorney(s) appearing for the Case

James F. Kipp, Esquire, and William L. Doerler, Esquire (argued), of Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, Delaware, for Appellant.

Richard Galperin, Esquire (argued), and Eileen K. Andersen, Esquire, of Morris, James, Hitchens & Williams, Wilmington, Delaware, for The Medical Center of Delaware, Inc.

David M. Lukoff, Esquire, of Elzufon & Austin, P.A., Wilmington, Delaware, for Maternity & Gynecology Associates, P.A.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER and STEELE, Justices, constituting the Court en Banc.

PER CURIAM.

In this appeal, we consider whether the Superior Court abused its discretion in dismissing a 1992 medical malpractice action for failure to prosecute. The trial court had dismissed this case in 1997, but this Court reversed in 1998 and remanded for further proceedings. After remand, the Superior Court did not enter a scheduling order or otherwise take steps to get this case back "on track," and appellant, who was then pro se and awaiting instructions...

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