Background
Thomas Salloway sought to appeal a Family Court order resolving matters ancillary to the parties’ divorce. The order was dated and docketed on June 24, 2026, making July 24 the deadline for filing a notice of appeal under the Delaware Supreme Court’s 30-day appeal period.
Salloway filed his notice of appeal on August 6. In response to an order to show cause why the appeal should not be dismissed as untimely, he explained that he had suffered a stroke and was hospitalized. He submitted a letter from Christiana Care stating that he had been hospitalized since July 24, the final day of the appeal period.
The Court’s Holding
The Delaware Supreme Court dismissed the appeal under Supreme Court Rule 29(b). It held that the deadline for filing a notice of appeal is jurisdictional and that a notice must be received within the applicable period to be effective.
The court explained that an untimely appeal may be considered only when the delay is attributable to court-related personnel. Medical hardship and pro se status do not excuse noncompliance with the jurisdictional deadline. Because Salloway neither claimed nor showed that court personnel caused his late filing, the court concluded that it lacked grounds to consider the appeal.
Key Takeaways
- Delaware’s deadline for filing a notice of appeal is a jurisdictional requirement.
- Hospitalization or other medical hardship does not excuse an untimely appeal.
- An untimely appeal cannot be considered unless the filing delay is attributable to court-related personnel.
Why It Matters
The order reinforces Delaware’s strict enforcement of appellate filing deadlines, even when compelling personal circumstances prevent timely action. Litigants and counsel must ensure that a notice of appeal reaches the Supreme Court within the prescribed period because equitable considerations ordinarily cannot cure a jurisdictional defect.