Background
Amir Brundge appealed from the Delaware Superior Court in criminal matters bearing Criminal ID Nos. 2104008474, 2105010558, and 2105005329. His opening brief was due August 3, 2026, but he did not file one.
On August 21, 2026, the Clerk’s Office issued a certified-mail notice directing Brundge to show cause why the appeal should not be dismissed. Brundge sought a stay in an August 22 letter so the Superior Court could rule on a purportedly pending motion. The Clerk’s Office later advised him that the Superior Court docket showed no pending motions and warned that the appeal would be dismissed unless he filed an opening brief by September 25.
The Court’s Holding
The Delaware Supreme Court dismissed the appeal under Supreme Court Rules 3(b)(2) and 29(b). Brundge neither filed an opening brief nor responded to the notice to show cause.
The Court deemed dismissal unopposed. Although Brundge had requested a stay, the Superior Court docket did not reflect the pending motion on which he relied, and he did not take the additional opportunity to submit his opening brief.
Key Takeaways
- An appellant’s failure to file an opening brief can result in dismissal of the appeal.
- A request to stay an appeal based on a claimed pending trial-court motion does not excuse noncompliance when the docket shows no such motion.
- Failure to respond to a show-cause notice may cause dismissal to be treated as unopposed.
Why It Matters
The order underscores that appellate deadlines and show-cause orders must be addressed promptly. A party seeking a stay should ensure the asserted basis for relief is reflected on the trial-court docket and should comply with any interim briefing deadlines or seek specific relief from them.