Opinion
No. 359 2014. File No. CS09–01929. Petition No. 13–26984.
2014-07-15
Roger BIVENS, Petitioner Below–Appellant, v. Jessica BARKLEY, Respondent Below–Appellee.
Decided: July 22, 2014.
Reargument Denied July 31, 2014.
Court Below—Family Court of the State of Delaware, in and for Sussex County.
This 22nd day of July 2014, it appears to the Court that:
(1) On July 1, 2014, the appellant, Roger Bivens, filed a notice of appeal from a Family Court order dated and mailed on April 25, 2014. Under Supreme Court Rules 6(a)(i) and 11, the notice of appeal should have been filed on or before May 27, 2014.
(2) On July 2, 2014, the Senior Court Clerk issued a notice under Supreme Court Rule 29(b), directing Bivens to show cause why the appeal should not be dismissed as untimely filed. In his response to the notice to show cause filed on July 15, 2014, Bivens states that he suffers physical and mental disabilities, he underwent surgery on his right arm, and he has been on bed rest as a result of back problems. He asks that this Court to forgive his untimely appeal.
(3) “Time is a jurisdictional requirement.” Unless an appellant can demonstrate that the failure to file a timely notice of appeal is attributable to court-related personnel, the jurisdictional defect created by an untimely filing of an appeal cannot be excused. Medical hardship does not excuse failure to comply strictly with the jurisdictional time requirement for filing an appeal. Bivens does not contend, and the record does not reflect, that his failure to file a timely appeal is attributable to court-related personnel. Thus, this appeal must be dismissed.
Carr v. State, 554 A.2d 778, 779 (Del.1989).
Bey v. State, 402 A.2d 362, 363 (Del.1979).
Dupree v. State, 2014 WL 3511160 (Del. July 14, 2014); Wilson v. W.E. Cleaver & Sons, Inc., 1998 WL 986038 (Del. Nov.30, 1998).
NOW, THEREFORE, IT IS HEREBY ORDERED, under Supreme Court Rule 29(b), that the within appeal is DISMISSED.