Pierre-Louis v. M&T Bank

Pierre-Louis · Supreme Court of the State of Delaware · September 26, 2017 · No. No. 326, 2017

Summary

The Supreme Court of Delaware dismissed John R. Pierre-Louis’s appeal as untimely. The Court held that the appellant failed to establish that his late filing resulted from court personnel or the court’s electronic filing system, and that pro se status did not excuse noncompliance with the jurisdictional filing deadline.

Holdings

  1. An untimely appeal cannot be considered unless the appellant demonstrates that the failure to file a timely notice of appeal was attributable to court personnel; Pierre-Louis failed to make that showing.
  2. A pro se litigant is not excused from strict compliance with the jurisdictional requirements governing the filing of a notice of appeal.

Questions Presented

  1. Whether the Supreme Court could consider an appeal filed after the jurisdictional deadline when the appellant claimed that technical problems with the electronic filing system caused the delay.
  2. Whether the appellant's pro se status excused his failure to comply strictly with the deadline for filing a notice of appeal.

Disposition

dismissed

Cases Cited (3)

  • Carr v. State, 554 A.2d 778, 779 (Del.), cert. denied, 493 U.S. 829 (1989)(followed)
  • Smith v. State, 47 A.3d 481, 486-87 (Del. 2012)(followed)
  • Bey v. State, 402 A.2d 362, 363 (Del. 1979)(followed)

Cited In (0)

No citing cases on record yet.

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