Elliott v. DCSS/Jordan ( 2021 )


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  •             IN THE SUPREME COURT OF THE STATE OF DELAWARE
    TRAVIS ELLIOTT,1                           §
    §   No. 339, 2021
    Petitioner Below,                    §
    Appellant,                           §   Court Below—Family Court
    §   of the State of Delaware
    v.                                   §
    §   File No. CN11-03130
    DIVISION OF CHILD SUPPORT                  §   Petition No. 20-21502
    SERVICES/JUDY JORDAN,                      §
    §
    Respondent Below,                    §
    Appellee.                            §
    Submitted: October 29, 2021
    Decided:   November 4, 2021
    Before SEITZ, Chief Justice; TRAYNOR and MONTGOMERY-REEVES,
    Justices.
    ORDER
    After consideration of the notice to show cause and the appellant’s response,
    it appears to the Court that:
    (1)    On October 21, 2021, the appellant, Travis Elliott, filed a notice of
    appeal from a Family Court Commissioner’s order reducing his child support
    obligation. On October 22, 2021, the Senior Court Clerk issued a notice, by certified
    mail, directing Elliott to show cause why his appeal should not be dismissed for this
    1
    The Court previously assigned pseudonyms to the parties under Supreme Court Rule 7(d).
    Court’s lack of jurisdiction to consider an appeal directly from a Family Court
    Commissioner’s order.
    (2)    In his response to the notice to show cause, Elliott states that he
    intended the notice of appeal to be a cross-appeal of the request for review of the
    Commissioner’s order filed by the appellee in the Family Court. The notice of
    appeal refers to both this Court and the Family Court, but Elliott addressed and
    mailed the notice of appeal to this Court. This Court lacks jurisdiction to consider
    an appeal directly from a Commissioner’s decision.2 Elliott’s appeal must therefore
    be dismissed.
    NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b),
    that this appeal is DISMISSED.
    BY THE COURT:
    /s/ Tamika R. Montgomery-Reeves
    Justice
    2
    10 Del. C. § 915(d) (providing that a party may appeal a Commissioner’s order to a Family Court
    judge); Fam. Ct. Civ. R. 53.1 (same).
    2
    

Document Info

Docket Number: 339, 2021

Judges: Montgomery-Reeves J.

Filed Date: 11/4/2021

Precedential Status: Precedential

Modified Date: 11/5/2021