Brown v. Brown

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