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Townsend v. Griffith

Supreme Court of Delaware
Feb 6, 1990
570 A.2d 1157 (Del. 1990)

Summary

In Carroll v. Griffith, 117 Tenn. 500, 505, 97 S.W. 66 the Court was dealing with the authority of the trial court to divest title out of the owner and vest the fee in the public.

Summary of this case from Clouse v. Garfinkle

Opinion

Submitted: January 19, 1990.

Decided: February 6, 1990.

Upon appeal from the Superior Court. DISMISSED.

William Jess Barrentine, Wilmington, pro se and for appellants.

William Poole and Peter J. Walsh, Jr. of Potter, Anderson Corroon, Wilmington, for appellee.

Before CHRISTIE, C.J., HORSEY and HOLLAND, JJ.


On January 2, 1989, William Jess Barrentine ("Barrentine") appearing pro se, filed a notice of appeal and related documents. Barrentine seeks to appeal a final order of the Superior Court dated December 6, 1989. Barrentine was not a party to the proceedings in the Superior Court, nor did he intervene therein.

The defendant-appellee, Carroll W. Griffith ("Griffith"), has filed a motion to dismiss on the ground that Barrentine lacks standing to appeal the order of the Superior Court. Barrentine has filed an answer to the motion to dismiss. Barrentine does not contend that he was a party to the proceedings in the Superior Court. However, Barrentine does contend that he can represent the interests of the parties, who cannot afford to hire an attorney. Barrentine is not an attorney.

Barrentine's effort to appeal the decision of the Superior Court must fail, as a matter of law, for two fundamental reasons. First, a nonparty has no standing to take a direct appeal or an interlocutory appeal to this Court. See Del. C.onst. art IV, § 11; 10 Del. C. § 960; Supr.Ct.R. 7. Cf. Bender v. Williamsport Area School Dist., 475 U.S. 534, 541-49, 106 S.Ct. 1326, 1331-35, 89 L.Ed.2d 501 (1986). Second, only a member of the Bar of this Court, a party appearing pro se, or an attorney admitted pro hoc vice, may participate in an appeal in this Court. Supr.Ct.R. 12; Delaware State Bar Ass'n v. Alexander, Del.Supr. 386 A.2d 652 (1978).

The motion to dismiss this appeal must be granted. This appeal is DISMISSED.


Summaries of

Townsend v. Griffith

Supreme Court of Delaware
Feb 6, 1990
570 A.2d 1157 (Del. 1990)

In Carroll v. Griffith, 117 Tenn. 500, 505, 97 S.W. 66 the Court was dealing with the authority of the trial court to divest title out of the owner and vest the fee in the public.

Summary of this case from Clouse v. Garfinkle

In Carroll v. Griffith, 117 Tenn. 500, it was held by this court that the provision in the general Act of 1891 for the payment of damages to landowners out of the general funds of the county applies to condemnations under the Act of 1901; and that, taking the two acts together, it is the duty of the chairman or judge of the county court to draw his warrant on the general county funds for damages allowed when land is condemned under the Act of 1901, as amended.

Summary of this case from Stokes v. Dobbins

Citing Supr.Ct.R. 12

Summary of this case from Townsend v. Integrated Mfg. & Assembly
Case details for

Townsend v. Griffith

Case Details

Full title:George W. TOWNSEND, Jr., Oliver Townsend, Alvin Townsend, Leonard Townsend…

Court:Supreme Court of Delaware

Date published: Feb 6, 1990

Citations

570 A.2d 1157 (Del. 1990)

Citing Cases

Townsend v. Integrated Mfg & Assembly

Delaware State Bar Ass'n. v. Alexander, 386 A.2d 652, 654, 661 (Del.1978).Townsend v. Grifith, 570 A.2d 1157,…

Estate of Reilly v. Turko

McCaffrey v. City of Wilmington, 133 A.3d 536, 544 (Del. 2016). See Townsend v. Griffith, 570 A.2d 1157, 1158…