Kumar v. Modi
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IN THE SUPREME COURT OF THE STATE OF DELAWARE KRISHNA KUMAR,1 Plaintiff Below, Appellant, v. KEYUR MODI, Respondent Below, Appellee. § § § § § § § § § § § No. 74, 2021 Court Below—Court of Chancery of the State of Delaware C.A. No. 2019-0622 SEM Submitted: March 19, 2021 Decided: March 29, 2021 Before VALIHURA, VAUGHN, and TRAYNOR, Justices. ORDER (1) The appellant filed this appeal from a Master in Chancery’s order, dated February 19, 2021, which denied his motion for a new trial. On March 10, 2021, the Senior Court Clerk issued a notice directing the appellant to show cause why the appeal should not be dismissed based on this Court’s lack of jurisdiction to consider an appeal from a Master’s order. In response to the notice, the appellant attempts to argue certain grounds for reversal and states various circumstances that delayed or 1 In the Court of Chancery, the plaintiff-appellant identified himself as Krishna Chilaka, and the matter is captioned Chilaka v. Modi, C.A. No. 2019-0622 SEM. In his notice of appeal, the plaintiff-appellant identifies himself as Krishna Kumar. This Court has captioned the case using the plaintiff-appellant’s name as it appears in the notice of appeal, but we note that the plaintiffappellant has provided no explanation for the name change. made more difficult his filings in the litigation. (2) This Court lacks jurisdiction to hear an appeal directly from a decision of a Master in Chancery.2 The appellant’s right to review of the Master’s order was to a judge in the Court of Chancery.3 Having failed to pursue such review, the appellant waived his right to any further review or appeal.4 NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b), that the appeal is DISMISSED. BY THE COURT: /s/ James T. Vaughn, Jr. Justice 2 Kalil v. Kalil, 2018 WL 1915123 (Del. Mar. 12, 2018). In re Estate of Webb, 2011 WL 4838972 (Del. Oct. 12, 2011). 4 Id. (citing DEL. CT. CH. R. 144). 3 2
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