Brown v. Brown ( 2021 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
CORA BROWN,1 §
§ No. 372, 2021
Petitioner Below, §
Appellant, § Court Below—Family Court of
§ the State of Delaware
v. §
§ File No. CN96-11425
CHASE BROWN, § Petition No. 20-22569
§
Respondent Below, §
Appellee. §
Submitted: December 2, 2021
Decided: December 21, 2021
Before SEITZ, Chief Justice; VALIHURA and VAUGHN, Justices.
ORDER
Upon consideration of the notice to show cause and the appellant’s response,
it appears to the Court that:
(1) On November 22, 2021, the appellant, Cora Brown, filed a notice of
appeal from a Family Court order dated October 18, 2021 and docketed on October
19, 2021. A timely notice of appeal was due in this Court by November 18, 2021.2
The Senior Court Clerk issued a notice directing Brown to show cause why this
appeal should not be dismissed as untimely filed. In her response to the notice to
1
The Court assigns pseudonyms to the parties under Supreme Court Rule 7(d).
2
Supr. Ct. R. 6(a)(i).
show cause, Brown argues the merits of her appeal, but does not address the
untimeliness of her appeal in this Court.
(2) Time is a jurisdictional requirement.3 A notice of appeal must be
received by the Court within the applicable time period in order to be effective.4 An
appellant’s pro se status does not excuse a failure to comply strictly with the
jurisdictional requirements.5 Unless an appellant can demonstrate that the failure to
file a timely notice of appeal is attributable to court-related personnel, this Court
cannot consider an untimely appeal.6
(3) Brown has not demonstrated that her failure to file a timely notice of
appeal of the Family Court order is attributable to court-related personnel.
Consequently, this case does not fall within the exception to the general rule that
mandates the timely filing of a notice of appeal. The appeal must be dismissed.
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 29(b),
that this appeal is DISMISSED.
BY THE COURT:
/s/ Karen L. Valihura
Justice
3
Carr v. State, 554 A.2d 778, 779 (Del.1989).
4
Supr. Ct. R. 10(a).
5
Ward v. Taylor, 2019 WL 4784943, at *1 (Del. Sept. 30, 2019); Smith v. State, 47 A.3d 481, 486-
87 (Del. 2012).
6
Ward, 2019 WL 4784943, at *1; Bey v. State, 402 A.2d 362, 363 (Del. 1979).
2