Perryman v. Stimwave Technologies Incorporated

Summary

The Delaware Supreme Court dismissed Laura Perryman’s appeal for lack of appellate jurisdiction. The court held that Perryman failed to comply with Supreme Court Rule 42 for an interlocutory appeal and did not timely appeal the earlier rulings identified in her notice of appeal.

Holdings

1. Absent compliance with Supreme Court Rule 42, the Supreme Court's appellate jurisdiction is limited to review of final orders; because Perryman did not seek certification or otherwise comply with Rule 42 as to the July 14 order, the Court lacked jurisdiction to review it as an interlocutory appeal.
2. A timely notice of appeal is required to invoke appellate jurisdiction, and Perryman's failure to timely appeal the May 4, 2022 and November 2020 rulings deprived the Supreme Court of jurisdiction to review them.

Questions Presented

1. Whether the Supreme Court had appellate jurisdiction to review the July 14, 2022 Court of Chancery order when Perryman failed to seek certification or otherwise comply with Supreme Court Rule 42.
2. Whether the Supreme Court had jurisdiction to review the May 4, 2022 and November 2020 rulings when Perryman did not timely file an interlocutory appeal from those rulings.

Disposition

dismissed