Background
Blake Spencer filed a notice of appeal on August 27, 2026, purportedly challenging an August 7 Family Court order. The August 7 document, however, was a letter written by a judicial assistant rather than a court order. The Delaware Supreme Court therefore treated the notice as an appeal from the Family Court’s most recent order, issued July 24, 2026.
Under Delaware Supreme Court Rule 6(a)(i), the deadline to appeal the July 24 order was August 24. The Senior Court Clerk directed Spencer to show cause why the appeal should not be dismissed as untimely. Spencer, proceeding pro se, confirmed that she intended to appeal the July 24 order but did not address why she missed the deadline.
The Court’s Holding
The Delaware Supreme Court dismissed the appeal under Supreme Court Rule 29(b). It held that the time 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 pro se status does not excuse noncompliance with jurisdictional filing requirements. An untimely appeal may be considered only when the late filing is attributable to court-related personnel, and Spencer neither alleged nor showed that court personnel caused her delay.
Key Takeaways
- A letter from a judicial assistant is not an appealable court order.
- Delaware’s deadline for filing a notice of appeal is jurisdictional and applies strictly to pro se litigants.
- An untimely appeal cannot proceed absent a showing that court-related personnel caused the late filing.
Why It Matters
The order underscores that litigants must identify an actual court order and file their notice of appeal within the prescribed period. A litigant’s misunderstanding or pro se status does not confer appellate jurisdiction after the deadline has passed.