Affirmed.

Unpublished opinion is below.

DENISE DONOVAN, Defendant Below-Appellant, v. DOVER FEDERAL CREDIT UNION, Plaintiff Below-Appellee. No. 16, 2003 In the Supreme Court of the State of Delaware. Submitted: January 13, 2003 Decided: January 16, 2003

Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices

Joseph T. Walsh, Justice:

ORDER

This 16th day of January 2003, it appears to the Court that:

(1) Defendant-appellant, Denise Donovan, has filed an appeal from the Superior Court's January 10, 2003 order granting a writ of possession in favor of plaintiff-appellee, Dover Federal Credit Union (the "credit union"), with respect to property located at 82 Ironmine Road, Felton, Delaware (the "property"), which is currently occupied by Donovan. Donovan has also filed a motion to stay the proceedings for a period of 60-90 days. For the reasons that follow, the motion to stay is DENIED and the order of the Superior Court is AFFIRMED.

(2) In December 2000, the credit union filed a foreclosure action in Superior Court with respect to the property based on Donovan's failure to make timely mortgage payments and provide proof of insurance. In February 2001, a default judgment was entered against Donovan and a sheriff's sale of the property was scheduled. In April 2001, Donovan filed an emergency motion to stay the sale of the property. The Superior Court granted the motion and scheduled an evidentiary hearing for May 21, 2001, at which Donovan appeared. The Superior Court ordered that the default judgment would be set aside and the foreclosure action dismissed if Donovan cured the deficiencies by June 15, 2001. Donovan failed to do so.

(3) A new sale date was set for November 8, 2001. Donovan filed another emergency motion to stay the sale of the property. The Superior Court denied the motion and this Court affirmed. The Clerk then issued a notice to show cause why Donovan's appeal should not be dismissed as moot. Donovan failed to respond in a timely manner and her appeal was dismissed. On December 5, 2001, Donovan filed a motion for reargument claiming that her monetary claims had been dismissed improperly. This Court concluded that Donovan's motion should be granted in the interest of justice. In her brief, however, Donovan failed to present any evidence regarding monetary damages. In the absence of such evidence, this Court affirmed the judgment of the Superior Court.

(4) On November 4, 2002, the credit union filed a motion for a rule to show cause why a writ of possession in its favor should not begranted.

Following a hearing at which Donovan appeared, the Superior Court denied Donovan's request for a stay and issued a writ of possession in favor of the credit union. In its January 10, 2003 order, the Superior Court found that the credit union was the legal owner of the property, awarded immediate and exclusive possession of the property to the credit union, ordered Donovan to vacate the property, authorized the Sheriff of Kent County to use any force necessary to effectuate Donovan's eviction, and awarded attorney's fees against Donovan.

(5) There is no basis for a stay of this matter, since there is no merit to Donovan's appeal of the Superior Court's January 10, 2003 order. There is no evidence that the proper procedures for the issuance of the writ of possession were not followed. Nor is there any evidence of legal error or abuse of discretion on the part of the Superior Court either in denying a stay or in issuing the writ of possession. To the contrary, the record in this case reflects that Donovan has been afforded every reasonable opportunity at each stage of this litigation to prevent the sale of the property and her removal from it.

NOW, THEREFORE, IT IS ORDERED that the motion for a stay is DENIED and the judgment of the Superior Court is AFFIRMED.