Chang v. Children's Advocacy Center of Delaware, Inc.

Summary

The Delaware Supreme Court dismissed Weih Steve Chang’s appeal for failure to file the required opening brief and appendix by the court-ordered deadline. The court dismissed the appeal under Delaware Supreme Court Rule 29(b) and deemed Chang’s pending motions moot.

Holdings

1. An appeal may be dismissed under Delaware Supreme Court Rule 29(b) when the appellant fails to file the required opening brief and appendix by a clearly communicated court-ordered deadline.
2. A motion to stay, motion for recusal, and motion for reconsideration are moot after the underlying appeal is dismissed.
3. Mere denial of receipt is insufficient to rebut Delaware's rebuttable presumption that correctly addressed, stamped, and mailed matter was received.

Questions Presented

1. Whether the appeal should be dismissed for failure to prosecute after Chang failed to file his opening brief and appendix by the court-ordered deadline.
2. Whether Chang's pending motions to stay, recuse, and reconsider should be resolved after dismissal of the appeal.

Disposition

dismissed