Background
Madison Simpson appealed a Delaware Family Court custody-modification order dated April 10, 2026. She filed her notice of appeal on May 8, 2026.
On June 6, 2026, the Delaware Supreme Court denied Simpson’s request to proceed in forma pauperis and directed her to pay the Supreme Court filing fee by June 25. She did not do so, and she also did not pay the Family Court’s filing and transcript fees.
The Chief Deputy Clerk then issued a certified-mail notice to show cause why the appeal should not be dismissed. Simpson received it on July 7 but neither responded by the July 17 deadline nor paid any of the required fees.
The Court’s Holding
The Delaware Supreme Court dismissed Simpson’s appeal under Supreme Court Rules 3(b) and 29(b). The Court treated dismissal as unopposed because Simpson did not respond to the show-cause notice.
The order did not address the merits of the Family Court’s custody-modification ruling. It rested solely on Simpson’s failure to pay the Supreme Court filing fee and the Family Court filing and transcript fees after her request for in forma pauperis status was denied.
Key Takeaways
- An appeal may be dismissed when an appellant fails to pay required appellate and lower-court fees.
- Failure to respond to a show-cause notice can cause dismissal to be treated as unopposed.
- The dismissal did not resolve the merits of the underlying custody dispute.
Why It Matters
The order underscores that fee obligations remain enforceable after denial of in forma pauperis status. Appellants must timely pay required fees or respond to a show-cause order to preserve their appeal.