Background
Karen Hugo appealed from a Superior Court case against Wawa Store #801 and other defendants. The Delaware Supreme Court set April 1, 2026, as the deadline for Hugo to file her opening brief.
After Hugo missed that deadline, the Chief Deputy Clerk sent a delinquency notice and later issued a certified-mail notice directing Hugo to show cause why the appeal should not be dismissed. The certified notice was returned unclaimed, and the Clerk then sent the notice by first-class mail to Hugo’s updated address after speaking with her. Hugo did not respond by the July 13 deadline or file an opening brief.
The Court’s Holding
The Delaware Supreme Court dismissed Hugo’s appeal under Supreme Court Rules 3(b)(2) and 29(b). The court deemed dismissal unopposed because Hugo neither responded to the show-cause notice nor filed her opening brief.
The order resolved the appeal on a procedural ground and did not address the merits of Hugo’s claims against Wawa Store #801 or the other defendants.
Key Takeaways
- An appellant’s failure to file an opening brief can result in dismissal of the appeal.
- Failure to respond to a show-cause notice may cause dismissal to be deemed unopposed.
- The dismissal did not decide the underlying dispute on its merits.
Why It Matters
The order underscores that appellate briefing deadlines and court notices require timely attention. Even after the Clerk resent the notice to an updated address, Hugo’s nonresponse and failure to submit an opening brief supported dismissal.