Wright v. DCSE, et al.
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IN THE SUPREME COURT OF THE STATE OF DELAWARE ERRICK M. WRIGHT, Respondent BelowAppellant, v. DCSE et al., Petitioners BelowAppellees. § § § § § § § § § § § No. 313, 2009 Court Below Family Court of the State of Delaware in and for New Castle County File No. 0705010433 CPI No. 07-05911 Submitted: June 24, 2009 Decided: June 29, 2009 Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices. ORDER This 29th day of June 2009, it appears to the Court that: (1) The appellant has filed a notice of appeal from a decision of a Family Court Commissioner dated April 29, 2009. The Clerk of the Court issued a notice to show cause why the appeal should not be dismissed for this Court s lack of jurisdiction to consider an appeal directly from a decision of a Family Court Commissioner. The appellant filed a response to the notice to show cause on June 24, 2009. In the response, the appellant argues that Del. Code Ann. tit. 10, § 1051 grants this Court jurisdiction to hear the instant appeal. (2) A Commissioner s decision is not a final judgment for purposes of appeal to this Court.1 A party s right of review from a Commissioner s decision shall be to a judge of the Family Court.2 Accordingly, this Court lacks jurisdiction to consider the instant appeal in the first instance and it, therefore, must be dismissed.3 NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED. BY THE COURT: /s/ Henry duPont Ridgely Justice 1 Redden v. McGill, 549 A.2d 695, 697-98 (Del. 1988). Del. Code Ann. tit. 10, § 915(d). 3 While Del. Code Ann. tit. 10, § 1051 addresses this Court s general appellate jurisdiction, it does not confer jurisdiction upon this Court to hear an appeal directly from the decision of a Family Court Commissioner. 2 2
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