Brown v. Brown
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IN THE SUPREME COURT OF THE STATE OF DELAWARE CORA BROWN,1 § § § § § § § § § § § Petitioner Below, Appellant, v. CHASE BROWN, Respondent Below, Appellee. No. 372, 2021 Court Below—Family Court of the State of Delaware File No. CN96-11425 Petition No. 20-22569 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 2 The Court assigns pseudonyms to the parties under Supreme Court Rule 7(d). 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). 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, 48687 (Del. 2012). 6 Ward, 2019 WL 4784943, at *1; Bey v. State, 402 A.2d 362, 363 (Del. 1979). 4 2
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