Benner v. Correctional Medical Services

Summary

The Delaware Supreme Court dismissed Lawrence Benner’s appeal as untimely. The Court held that filing a notice of appeal with the Superior Court does not satisfy the jurisdictional requirement that the notice be received by the Supreme Court Clerk or a county deputy clerk within the applicable period, absent court-related fault causing the delay.

Holdings

1. Timely filing of a notice of appeal is a jurisdictional requirement, and the notice must be received by the Clerk of the Supreme Court or a Deputy Clerk within the applicable period.
2. Filing a notice of appeal with the Superior Court, rather than with the Supreme Court Clerk or a Deputy Clerk, does not comply with the jurisdictional requirement governing an appeal to the Supreme Court.
3. An untimely notice of appeal may be excused only when the appellant demonstrates that the delay was attributable to court-related personnel; Benner failed to make that showing.

Questions Presented

1. Whether the appeal had to be dismissed because Benner's notice of appeal was not received by the Delaware Supreme Court within the applicable thirty-day period.
2. Whether filing the notice of appeal with the Superior Court within the appeal period satisfied the jurisdictional filing requirement.
3. Whether the untimely filing could be excused under the exception for delay attributable to court-related personnel.

Disposition

dismissed