Background
Jeff D’Ambrosio Imports appealed from a Delaware Superior Court commissioner’s order denying its motion to vacate a default judgment entered in favor of Delborrello Financial Services. The Delaware Supreme Court’s Senior Court Clerk directed D’Ambrosio Imports to show cause why the appeal should not be dismissed for lack of jurisdiction because it was taken directly from a commissioner’s order.
D’Ambrosio Imports responded that the commissioner’s order was case-dispositive and asked the Supreme Court to remand for further proceedings under Superior Court Civil Rule 132. Delborrello Financial Services argued that the commissioner’s order was not a final, appealable order.
The Court’s Holding
The Delaware Supreme Court dismissed the appeal under Supreme Court Rule 29(b). It held that the court lacks jurisdiction to hear an appeal taken directly from an order issued by a Superior Court commissioner, regardless of the appellant’s characterization of the order as case-dispositive.
The court explained that a party seeking review of a commissioner’s order must appeal to a judge of the Superior Court. It noted that D’Ambrosio Imports could move under Superior Court Civil Rule 132(c) for additional time to file objections to the commissioner’s order, leaving the Superior Court to decide whether such an extension should be granted.
Key Takeaways
- A Superior Court commissioner’s order cannot be appealed directly to the Delaware Supreme Court.
- The proper avenue for review is an appeal or objection to a Superior Court judge under Rule 132.
- A party that missed the objection deadline may seek an enlargement of time under Rule 132(c), but the Superior Court decides whether to grant it.
Why It Matters
The order reinforces Delaware’s required path for obtaining review of Superior Court commissioner decisions. Litigants must first seek review by a Superior Court judge; treating a commissioner’s ruling as case-dispositive does not create direct appellate jurisdiction in the Delaware Supreme Court.