Arnold v. Arnold
Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE DOUGLAS W. ARNOLD, JR., Petitioner Below, Appellant, v. HOPE M. ARNOLD, Respondent Below, Appellee. § § § § § § § § § § § No. 402, 2002 Court Below: Family Court of the State of Delaware, in and for Kent County File No. CK01-04133 Submitted: July 26, 2002 Decided: August 12, 2002 Before VEASEY, Chief Justice, WALSH, and STEELE, Justices. ORDER This 12th day of August 2002, it appears to the Court that: (1) On July 15, 2002, this Court received from the appellant, Douglas W. Arnold, Jr., a notice of appeal from a Family Court decision dated June 17, 2002, which denied Arnold s motion for appointment of counsel. (2) The Clerk of the Supreme Court, on July 16, 2002, issued a notice pursuant to Supreme Court Rule 29(b) directing Arnold to show cause why the appeal should not be dismissed for his failure to comply with Supreme Court Rule 42 when taking an appeal from an apparent interlocutory order. (3) Arnold filed a response to the Notice to Show Cause on July 26, 2002. In his response, Arnold appears to address the merits of the appeal. (4) Absent compliance with Rule 42, the jurisdiction of this Court is limited to the review of the final judgment of a trial court.1 An order is deemed final if the trial court has clearly declared its intention that the order be the court s final act in the case.2 At the time Arnold filed his appeal in this Court, the Family Court had before it for consideration Arnold s petition for visitation. To date, a final judgment has not been rendered on that petition. (5) The proceedings before the Family Court are ongoing. Until all issues are disposed of, the order of June 17, 2002 is not final. Accordingly, an appeal from the Family Court to this Court is premature absent compliance with the requirements for taking an interlocutory appeal in accordance with Supreme Court Rule 42. Appellant has not attempted to comply with this Rule. NOW, THEREFORE, IT IS ORDERED that Arnold s appeal is DISMISSED. BY THE COURT: /s/ E. Norman Veasey Chief Justice 1 2 Julian v. State, 440 A.2d 990, 991 (Del. 1982). J.I. Kislak Mortgage Corp. v. William Matthews, Builder, Inc., 303 A.2d 648, 650 (Del. 1973). -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
