Background
Robert A. Boyles Jr. appealed from a proceeding in the Delaware Superior Court. His opening brief was due on May 4, 2026, but he did not file it by the deadline.
On May 18, 2026, the Chief Deputy Clerk sent Boyles a certified-mail notice directing him to show cause why the appeal should not be dismissed. Postal records showed delivery by June 1, and Boyles’s response was due by June 11. He neither filed an opening brief nor responded to the notice.
The Court’s Holding
The Delaware Supreme Court dismissed the appeal under Supreme Court Rules 3(b)(2) and 29(b). Because Boyles failed to respond to the show-cause notice, the court deemed dismissal unopposed.
The order did not address the merits of Boyles’s underlying case. It resolved the appeal solely on procedural grounds arising from his failure to prosecute it.
Key Takeaways
- An appellant’s failure to submit an opening brief by the filing deadline can result in dismissal of the appeal.
- Ignoring a properly delivered show-cause notice may cause the court to treat dismissal as unopposed.
- The court dismissed the appeal under Delaware Supreme Court Rules 3(b)(2) and 29(b), without reaching the merits.
Why It Matters
The order underscores that appellate deadlines and show-cause notices carry immediate consequences. An appellant who does not file the required brief or explain the default risks losing appellate review without any ruling on the substantive claims.