Opinion
No. 73, 2007.
08-06-2007
Daniel J. BENNETT,Respondent Below–Appellant, v. Betty H. BENNETT, Petitioner Below–Appellee.
ORDER
HENRY DuPONT RIDGELY, Justice.
This 6th day of August 2007, upon consideration of the appellant's opening brief and the appellee's motion to affirm, it appears to the Court that:
(1) The appellant, Daniel Bennett (Husband), filed this appeal from an order of the Family Court, dated February 5, 2007, evicting him from two parcels of marital real estate. The appellee, Betty Bennett (Wife), has filed a motion to affirm the Family Court's judgment on the ground that it is manifest on the face of Husband's opening brief that the appeal is without merit. We agree and affirm.
(2) The record reflects that the parties were divorced, after 22 years of marriage, on August 6, 2003. Husband filed for bankruptcy protection in August 2004. In May 2005, the bankruptcy judge entered an order lifting the automatic stay as to Wife's Family Court claims and directed Wife to return to the Bankruptcy Court once the Family Court issued its “advisory” property division order in order to request the Bankruptcy Court to distribute “any property ordered distributed by the Family Court.” On April 4, 2006, the Family Court issued its opinion on the parties' property claims. Among other things, the Family Court directed that the former marital home and the farm property be listed for sale. Wife moved the Bankruptcy Court for an order effectuating the Family Court's property distribution order. Ultimately, on November 21, 2006, the Bankruptcy Court dismissed Husband's case with prejudice. Thereafter, on February 5, 2007, the Family Court entered its order evicting Husband from the property that it previously had ordered be sold.
(3) In his opening brief on appeal, Husband raises numerous complaints regarding the Family Court's property distribution order entered on April 4, 2006, an order from which he never sought a timely appeal. Husband also complains that Wife never properly filed a “claim” in the Bankruptcy Court. These issues, however, are not properly before the Court in this appeal. The only order to be reviewed in this appeal is the Family Court's order evicting Husband from the marital property.
(4) Pursuant to 13 Del. C. § 1513(f), the Family Court has authority to enter any order necessary to effectuate its judgment regarding marital property distribution. Accordingly, we find no error or abuse in the Family Court's order evicting Husband from the marital property. The Family Court's property division order, entered in April 2006, was a final order from which Husband never sought an appeal. The Bankruptcy Court's dismissal of Husband's case in that court gave Wife the right to execute on the Family Court's property division order. Accordingly, we find it manifest that the judgment of the Family Court evicting Husband from the marital property should be affirmed.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Family Court is AFFIRMED.