Brown v. Tucker

Summary

The Delaware Supreme Court dismissed Caitlyn Brown’s appeal from an interlocutory Family Court custody order. Because the order did not finally resolve the custody-modification proceeding and Brown had not complied with Supreme Court Rule 42, the Court held that it lacked jurisdiction to review the appeal.

Holdings

1. An order is final only when it leaves nothing for future determination or consideration; because the Family Court order did not finally resolve the merits of the custody-modification petition and scheduled a review hearing, it was interlocutory.
2. Absent compliance with Supreme Court Rule 42, the Supreme Court lacks jurisdiction to review an interlocutory order and may review only final trial-court orders.

Questions Presented

1. Whether the Family Court's March 27, 2026 custody order was a final judgment or an interlocutory order.
2. Whether the Supreme Court had jurisdiction to review the interlocutory order absent compliance with Supreme Court Rule 42.

Disposition

dismissed