Fink v. Delaware Board of Dentistry and Dental Hygiene, N21A-12-002 VLM

Dr. Daniel Fink, licensed in Delaware since 1993, was the subject of a disciplinary proceeding after a traffic stop on April 1, 2021 uncovered firearms, prescription drugs, illegal substances, and paraphernalia; criminal charges were pending.
A Hearing Officer recommended suspension for violations of statutory and regulatory provisions; the Board issued a Final Order (mailed November 2, 2021) imposing a five-year suspension stayed for five years of probation conditioned on enrollment in the Delaware Professionals’ Health Monitoring Program within 30 days, plus CE and a fine.
Dr. Fink filed a notice of appeal with the Superior Court on December 3, 2021; the State moved to dismiss the appeal as untimely under 29 Del. C. § 10142(b) and Superior Court Rules 6(a) and 72(b).
Dr. Fink argued his filing was timely because the courts were closed for Thanksgiving (Nov 25–26) and because a Prothonotary told him his filing was within the 30-day window.
The Court computed the 30-day period from the mailing date (Nov 2) and concluded the deadline was Dec 2, 2021; Dr. Fink’s Dec 3 filing was therefore one day late.
The Court found no unusual circumstances attributable to court personnel to excuse the late filing, held the filing deadline is jurisdictional, and granted the State’s motion to dismiss.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of appeal under 29 Del. C. § 10142(b)	Fink: Final Order mailed Nov 2; Thanksgiving closures and Prothonotary’s assurance made Dec 3 timely	State: 30-day clock yields Dec 2 deadline; appeal filed Dec 3 is late	Appeal was untimely (filed Dec 3); dismissal required
Effect of court closures/holidays on the 30‑day period	Fink: Thanksgiving closure extends filing deadline	State: Rule 6(a) exceptions for holidays don’t apply to periods ≥11 days	Holidays did not extend the deadline; Dec 2 was final day
Excuse based on alleged misinformation from court personnel	Fink: Prothonotary told him he could file on Dec 3, so delay attributable to court personnel	State: No record of court-caused error; court personnel cannot give legal advice; exception narrowly applied	No unusual/court-attributable circumstances found; excuse rejected

Draper King Cole v. Malave, 743 A.2d 672 (Del. 1999) (timely filing of appeal is mandatory and jurisdictional; untimely filings may not be excused absent unusual circumstances attributable to court personnel)