Cowan v. IMO The Real Estate of Alvin David Smith, Jr. ( 2021 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
CARLA COWAN, §
§ No. 109, 2021
Defendant Below, §
Appellant, §
§
v. § Court Below – Court of Chancery
§ of the State of Delaware
IMO THE REAL ESTATE OF §
ALVIN DAVID SMITH, JR., § C.A. No. 2019-1038-SEM
DECEASED, §
§
Plaintiff Below, §
Appellee. §
Submitted: May 7, 2021
Decided: June 4, 2021
Before SEITZ, Chief Justice; TRAYNOR and MONTGOMERY-REEVES,
Justices.
ORDER
After consideration of the notice to show cause and the responses, it appears
to the Court that:
(1) On April 14, 2021, the appellant, Carla Cowan, filed this appeal from a
Court of Chancery Master’s order, dated March 19, 2021, granting the petition of
the appellee, James Furlow, Jr., to sell certain real property. On April 16, 2021, the
Court issued a notice directing Cowan to show why this appeal should not be
dismissed for this Court’s lack of jurisdiction to consider an appeal from a decision
of a Court of Chancery Master.
(2) In her response to the notice to show cause, Cowan contends that filing
exceptions to the Master’s decision would have been futile because those exceptions
would have been denied. She also argues the merits of her appeal. Furlow argues
that this Court lacks jurisdiction to hear an appeal from the Master’s order.
(3) This Court lacks jurisdiction to hear an appeal directly from any action
taken by a Master.1 Cowan’s right to review of the Master’s ruling was to a judge
in the Court of Chancery.2 Having failed to pursue that remedy, Cowan waived her
right to any further review or appeal.3
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
1
In re Webb, 2011 WL 4838972, at *1 (Del. Oct. 12, 2011) (citing Johnson v. State, 884 A.3d 475,
479 (Del. 2005)).
2
Id. (citing Del. Ch. Ct. R. 144).
3
Id.2