Jones v. Dr. Anis Ahmed
377, 2017
| Del. | Oct 31, 2017Background
- Appellant Matthew Jones appealed the Superior Court’s August 9, 2017 order dismissing his civil complaint against Dr. Anis Ahmed and Connections Community Support Programs.
- Supreme Court Rule 6 requires a civil notice of appeal be received by the Clerk within 30 days after the trial-court order is entered on the docket.
- The Superior Court’s dismissal was docketed on August 9, 2017; the appeal deadline was therefore September 8, 2017.
- Jones’s notice of appeal was not received by the Clerk until September 18, 2017, forty days after the order—ten days late.
- The Court issued a Rule 29(b) show-cause notice; Jones responded claiming the appeal was timely, but presented no court-related personnel error to excuse the lateness.
- Because the untimely filing was not attributable to court personnel and pro se status does not excuse jurisdictional defaults, the Court dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jones timely filed a notice of appeal | Jones asserted his notice was timely filed within 30 calendar days | Defendants argued the notice was late (filed 40 days after order) | Appeal was untimely; dismissal affirmed |
| Whether pro se status excuses late filing | Jones implied pro se status should be considered | Defendants relied on strict jurisdictional rules | Pro se status does not excuse failure to meet jurisdictional deadlines |
| Whether court-related personnel caused delay (excuse) | Jones did not claim court error | Defendants argued no court-related fault existed | No court-related personnel fault shown; exception inapplicable |
| Whether the Court can hear an untimely appeal absent a fault exception | Jones sought review despite late filing | Defendants maintained Court lacks jurisdiction without timely notice | Court lacks jurisdiction; appeal dismissed |
Key Cases Cited
- Carr v. State, 554 A.2d 778 (Del. 1989) (appellate jurisdiction depends on perfecting appeal within statutory time)
- Fisher v. Biggs, 284 A.2d 117 (Del. 1971) (timeliness requirements for appeals are jurisdictional)
- Bey v. State, 402 A.2d 362 (Del. 1979) (untimely appeals are barred absent court-related personnel cause)