Bueller v. Augustus-Debalt
113, 2017 and 192, 2017
| Del. | Jun 14, 2017Background
- Appellant sought review in the Delaware Supreme Court of Family Court orders relating to a Protection From Abuse (PFA) petition and a related motion for fees and costs.
- Appeal No. 113 challenged a Family Court Judge’s February 23, 2017 order affirming a Commissioner’s grant of the PFA petition; the appellant failed to pay required record/transcript fees for that appeal.
- Appeal No. 192 challenged the Judge’s April 6, 2017 order that affirmed in part and rejected in part the Commissioner’s decision on fees and costs and remanded the matter for further proceedings before the Commissioner.
- The Supreme Court consolidated the two appeals sua sponte and issued notices to show cause: one for failure to comply with Supreme Court Rule 42 (interlocutory appeals) and one for failure to pay record/transcript fees.
- The appellant argued the April 6 order was final; she did not respond regarding the unpaid fees for Appeal No. 113.
- The Court concluded both appealed orders were interlocutory (nonfinal) and dismissed both appeals without prejudice; the appellant may appeal after a final Family Court order is entered following Commissioner proceedings on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the February 23, 2017 order is a final, appealable judgment | February 23 order is appealable now (implicit challenge of PFA grant) | Order is not final because motion for fees and costs remained pending | Not final; appeal dismissed for failure to comply with Rule 42 |
| Whether the April 6, 2017 order (which remanded to Commissioner) is final and appealable | April 6 order is final and thus properly before the Court | Order is interlocutory because it remanded for further proceedings; appeals from Commissioner must go to a Family Court Judge first | Not final; appeal dismissed as premature under Rule 42; right to appeal preserved after final Family Court order |
Key Cases Cited
- J.I. Kislak Mortg. Corp. v. William Matthews Builder, Inc., 303 A.2d 648 (Del. 1973) (an order is final and appealable when it disposes of all justiciable matters)
- Lipson v. Lipson, 799 A.2d 345 (Del. 2001) (finality principles for Family Court judgments)
- Pollard v. The Placers, Inc., 692 A.2d 879 (Del. 1997) (orders remanding matters are interlocutory for appellate purposes)
- Redden v. McGill, 549 A.2d 695 (Del. 1988) (appellate jurisdiction over Family Court civil matters is limited to Judges’ decisions)