Opinion
Nos. 44, 1996; 223, 1996; 450, 1996; 451, 1996; 149, 1997; 26, 2000; 88, 2000; 146, 2000 (Consolidated)
Submitted: April 23, 2002
Decided: June 12, 2002
Court Below — Family Court of the State of Delaware, in and for New Castle County File No. CN93-07390.
Held in abeyance.
Unpublished opinion is below.
BARBARA BEEGHLEY, Petitioner Below-Appellant, v. JOHN BEEGHLEY, Respondent Below-Appellee. Nos. 44, 1996; 223, 1996; 450, 1996; 451, 1996; 149, 1997; 26, 2000; 88, 2000; 146, 2000 (Consolidated) In the Supreme Court of the State of Delaware. Submitted: April 23, 2002 Decided: June 12, 2002
Before WALSH, HOLLAND and BERGER, Justices.
RANDY J. HOLLAND, Justice:
ORDER
This 12th day of June 2002, it appears to the Court that:
(1) The petitioner-appellant, Barbara Beeghley, began filing these appeals from various Family Court orders in 1996. The appeals were stayed pending bankruptcy proceedings involving respondent-appellee John Beeghley until October 2001, when Mr. Beeghley's bankruptcy discharge was issued.
(2) In December 2001, this Court was informed by the court reporter that the transcripts designated by Ms. Beeghley in her appeal had not been paid for. At the direction of the Clerk of the Court, Ms. Beeghley then filed a motion with the Family Court requesting that the transcript costs and record preparation fee be waived. On January 23, 2002, the Family Court denied Ms. Beeghley's motion on the basis that she had not submitted an affidavit outlining her financial resources in adequate detail. The Family Court stated that it would reconsider Ms. Beeghley's request upon the submission of an appropriate affidavit.
(3) On February 1, 2002, the Clerk sent a letter to Ms. Beeghley stating that, if she did not file an affidavit as instructed by the Family Court or arrange for payment of the transcript costs and record preparation fee, a notice to show cause would issue for her failure to diligently prosecute the appeal. On February 11, 2002, the Family Court denied Ms. Beeghley's motion for reargument, stating that she still had not filed an appropriate affidavit. On February 13, 2002, the Clerk sent another letter to Ms. Beeghley asking that the record preparation fee be paid no later than February 25, 2002 or a notice to show cause would issue.
(4) On March 22, 2002, the Clerk of the Court issued a notice pursuant to Supreme Court Rule 29(b) directing Ms. Beeghley to show cause why the appeal should not be dismissed for failure to diligently prosecute the appeal. On April 23, 2002, Ms. Beeghley filed her response to the notice to show cause stating that she is indigent, her original affidavit was appropriate and the tapes of various Family Court proceedings have not been properly preserved.
(5) An appellant in a civil case does not have an absolute right to transcripts at State expense. Absent an abuse of discretion, the decision of the trial court to deny transcripts at State expense will not be disturbed by this Court. In this case, the Family Court was within its discretion to deny Ms. Beeghley's request for transcripts at State expense, and her request for waiver of the record preparation fee, given her refusal to provide adequate financial information as directed by the Family Court.
Brown v. State, 721 A.2d 1263, 1266 (Del. 1998).
Id.
(6) Ms. Beeghley's claims on appeal may not be considered unless the Family Court record is prepared and transmitted to this Court. In order for this to occur, the record preparation fee must either be paid by Ms. Beeghley or waived by the Family Court. Likewise, Ms. Beeghley's claims on appeal may not be considered unless transcripts of the relevant proceedings below are provided to this Court. In order for this to occur, either the transcript costs must be paid by Ms. Beeghley or the transcripts provided at State expense. Ms. Beeghley previously was informed by the Clerk that she risks dismissal of her appeals unless she either pays the record preparation fee and transcript costs or submits an appropriate affidavit to the Family Court supporting her inability to pay. As of this date, Ms. Beeghley has done neither.
SUPR. CT. R. 9(aa).
Slater v. State, 606 A.2d 1334, 1336-37 (Del. 1992); SUPR. CT. R. 9(f).
NOW, THEREFORE, IT IS ORDERED that the notice to show cause issued by the Clerk is held in abeyance. Ms. Beeghley is instructed to file an affidavit in the Family Court in accordance with this Order, and as previously ordered by the Family Court, on or before July 1, 2002. Failure to do so will be deemed consent to the dismissal of these appeals without further notice.
An appropriate form of motion to proceed in forma pauperis is included at the back of "Filing an Appeal in the Supreme Court of the State of Delaware: A Citizen's Guide," available at no charge from this Court.