Perkins v. Hoswell — Delaware Supreme Court dismisses appeal over unpaid filing fee

Case
Katherine Perkins v. Roy Hoswell
Court
Supreme Court of the State of Delaware
Judge
Gary F. Traynor (John Carney, 2017)
Date Decided
September 4, 2026
Docket No.
262, 2026
Topics
appellate procedure; filing fees; dismissal
Source
Read the full opinion

Background

Katherine Perkins appealed from proceedings in Delaware Family Court involving Roy Hoswell. The Delaware Supreme Court had previously assigned pseudonyms to the parties under Supreme Court Rule 7(d).

On July 28, 2026, the Senior Court Clerk sent Perkins a certified-mail notice directing her to show cause why the appeal should not be dismissed for failure to pay the filing fee. Perkins received the notice on August 5, and her response was due August 17.

The Court’s Holding

The Delaware Supreme Court dismissed the appeal. Perkins neither paid the filing fee nor responded to the show-cause notice by the deadline.

The court deemed dismissal unopposed and ordered dismissal under Delaware Supreme Court Rules 3(b)(2) and 29(b).

Key Takeaways

  • An appellant’s failure to pay the filing fee can result in dismissal of the appeal.
  • Failure to respond to a clerk’s show-cause notice may cause dismissal to be treated as unopposed.
  • The order resolved the appeal on procedural grounds, not on the merits of the Family Court dispute.

Why It Matters

The order underscores that appellate deadlines and filing-fee requirements are enforceable prerequisites to maintaining an appeal. Counsel and self-represented litigants should promptly address deficiency notices to avoid dismissal without merits review.

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