Opinion
No. 19, 2002
Decided: January 31, 2002
Court Below: Family Court of the State of Delaware in and for New Castle County Petition No. 01-20197. No. F-4476
APPEAL DISMISSED.
Unpublished Opinion is below.
ANDREW STOVALL, Respondent Below, Appellant, v. MYRA D. THOMAS, Petitioner Below, Appellee. No. 19, 2002 Supreme Court of the State of Delaware. Decided: January 31, 2002
Court Below: Family Court of the State of Delaware in and for New Castle County Petition No. 01-20197. No. F-4476
Before VEASEY, Chief Justice, BERGER and STEELE, Justices.
Myron T. Steele, Justice:
ORDER
This 31st day of January 2002, it appears to the Court that:
(1) On January 11, 2002, Andrew Stovall filed a notice of appeal from a decision of a Family Court commissioner dated December 19, 2001. A commissioner's order is not a final judgment for purposes of appealing to this Court. 10 Del. C. § 915(d) provides that a party's right of appeal from a commissioner's order shall be to a judge of the Family Court.
See Redden v. McGill, Del. Supr., 549 A.2d 695 (1988) (holding that this Court's appellate jurisdiction over Family Court proceedings is limited to decisions of judges of that Court).
(2) The Court concludes, pursuant to Supreme Court Rule 29(c), that the within appeal, on its face, manifestly fails to invoke the Court's jurisdiction, and that the giving of notice of said defect would serve no meaningful purpose and that any response would be of no avail.
NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(c), that this appeal is DISMISSED.