Opinion
No. 249, 1999.
June 24, 1999.
Appeal from the Family Court, New Castle County, CN98-15919.
APPEAL DISMISSED
Unpublished Opinion is below.
ROBERT DUNN, Petitioner Below, Appellant, v. KATHLEEN THORP, Respondent Below, Appellee. No. 249, 1999. Supreme Court of Delaware. Submitted: June 22, 1999. Decided: June 24, 1999.
Court Below: Family Court of the State of Delaware, in and for New Castle County, File No. CN98-15919.
Before HOLLAND, HARTNETT and BERGER, Justices.
ORDER
This 24th day of June 1999, it appears to the Court that:
1) On June 15, 1999, the Clerk having issued a notice directing the appellant to show cause why this appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for the appellant's failure to comply with Supreme Court Rule 42 when taking an appeal from an apparent interlocutory order. On June 22, 1999, the appellant filed a response to the notice to show cause.
2) The appellant appears to concede that this appeal is interlocutory in nature and that Supreme Court Rule 42 has not been complied with. The appellant's other arguments appear to address the merits of the case and are considered non-responsive.
3) The test for whether an order is final and therefore ripe for appeal is whether the trial court has clearly declared its intention that the order be the court's "final act" in a case. J.I. Kislak Mortgage Corporation of Delaware v. William Matthews, Builder, Inc., Del. Supr., 303 A.2d 648, 650 (1973). At the time the appellant filed this appeal in this Court, the lower court had continued the matter to a mutually convenient date for parties and new counsel. Appellant's right of appeal remains intact until the court below has disposed of all matters.
4) Since the requirements of Supreme Court Rule 42 have not been met by the appellant, the appeal must be dismissed.
NOW, THEREFORE, IT IS ORDERED, that the within appeal be and hereby is DISMISSED pursuant to Supreme Court Rules 29(b) and 42.
BY THE COURT:
s/ MAURICE A. HARTNETT, III,
Justice