Bueller v. Augustus-Debalt

Summary

The Delaware Supreme Court consolidated and dismissed two appeals arising from Family Court proceedings concerning a petition for protection from abuse and a related motion for fees and costs. The Court held that the challenged orders were nonfinal interlocutory orders and dismissed the appeals without prejudice, preserving the appellant’s right to appeal after entry of a final Family Court order.

Holdings

1. The February 23 order was not a final judgment because it did not dispose of the pending motion for fees and costs; therefore, the appeal from that order was premature.
2. The April 6 order was not a final judgment because it remanded the matter to the Commissioner for further proceedings; the appeal from that order was therefore premature.
3. The appeals were dismissed without prejudice, and the appellant's right to appeal the February 23 and April 6 orders remained intact until a final order was entered by a Family Court Judge.
4. An order issued by a Family Court Commissioner is not a final judgment for purposes of an appeal to the Delaware Supreme Court; review of a Commissioner's order lies first to a Family Court Judge.

Questions Presented

1. Whether the February 23, 2017 Family Court order affirming the PFA order was a final, appealable judgment when the related motion for fees and costs remained unresolved.
2. Whether the April 6, 2017 Family Court order concerning fees and costs was a final, appealable judgment when it remanded the matter to the Commissioner for further proceedings.
3. Whether the appeals should be dismissed because the appellant failed to comply with Supreme Court Rule 42 and, in one appeal, failed to pay required record-preparation and transcript fees.

Disposition

dismissed