Blackston v. Delaware DHSS — Delaware Supreme Court dismisses appeal for failure to file opening brief

Case
Lisa Blackston v. Delaware Department of Health and Social Services, Division of Social Services
Court
Delaware Supreme Court
Judge
Collins J. Seitz, Jr. (Jack Markell, 2015)
Date Decided
July 14, 2026
Docket No.
No. 114, 2026
Topics
Appellate Procedure, Dismissal, Brief Delinquency, Show Cause
Source
Read the full opinion

Background

Lisa Blackston appealed a decision of the Delaware Superior Court (C.A. No. K25A-08-001) involving the Delaware Department of Health and Social Services, Division of Social Services. After Blackston sought and received an extension, the court set May 28, 2026 as the deadline for her opening brief.

Blackston missed that deadline. On June 1, 2026, the Chief Deputy Clerk issued a delinquency notice. When no brief was forthcoming, the Chief Deputy Clerk sent a show-cause notice by certified mail on June 11, directing Blackston to explain why the appeal should not be dismissed. Blackston received the notice by June 26, 2026.

Despite receiving the show-cause notice, Blackston neither responded to it nor filed an opening brief at any point before the court acted. The court deemed the dismissal unopposed.

The Court’s Holding

The Delaware Supreme Court, acting through Chief Justice Collins J. Seitz, Jr., dismissed Blackston’s appeal pursuant to Supreme Court Rules 3(b)(2) and 29(b). The court found that Blackston’s complete failure to respond to the show-cause notice or to file an opening brief left the dismissal unopposed.

Because Blackston had already been granted an extension, was personally notified of her delinquency, and was given a further opportunity to show cause — all without any response — the court exercised its authority to terminate the appeal for failure to prosecute.

Key Takeaways

  • An appellant who misses a court-ordered brief deadline, even after receiving an extension, risks dismissal of the appeal.
  • A certified-mail show-cause notice is sufficient notice; failure to respond renders dismissal unopposed under Delaware Supreme Court Rules 3(b)(2) and 29(b).
  • Delaware’s appellate rules give the court authority to dismiss an appeal sua sponte when a party fails to prosecute it.

Why It Matters

This order is a straightforward but important reminder that appellate deadlines — particularly those set after a party has already obtained an extension — are strictly enforced. Counsel and self-represented litigants alike must respond to show-cause notices or risk losing their right to appellate review entirely, regardless of the merits of the underlying case.

For practitioners appearing before the Delaware Supreme Court, the decision underscores that Rules 3(b)(2) and 29(b) provide a swift mechanism for dismissal when an appellant goes silent, and that receiving a certified-mail notice starts a clock that the court will not allow to run indefinitely.

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