Opinion
C.A. No. 08L-12-131 FSS.
Submitted: May 27, 2011.
Decided: June 6, 2011.
Upon Defendant's Appeal from Commissioner's May 17, 2011 Order — DISMISSED without prejudice.
Rose M. Jacques, pro se.
Sarah M. Rutigliano, Esquire.
ORDER
1. On May 17, 2011, a commissioner issued an order granting Plaintiffs' motion for summary judgment.
2. On May 27, 2011, Defendant Rose Jacques, pro se, filed a timely appeal under Superior Court Civil Rule 132(a)(4)(ii), albeit mislabeled as "Exception From Commissioner's Ruling — Report."
3. Ms. Jacques did not cause a transcript to be prepared, served, and filed, as called for by Rule 132(a)(4)(iii). The court appreciates the transcript must be purchased, but the transcript is not merely a technicality. The transcript is necessary to properly review Jacques's appeal, especially because the parties have not agreed to a statement of the facts. There is no provision requiring that a litigant in a civil case receive a transcript at taxpayer expense to pursue an appeal from a judicial officer's decision.
4. Ms. Jacques's appeal is dismissed under Rule 132(b) for failure to obtain a transcript. The dismissal is without prejudice, which means Jacques has an additional ten (10) days to order a transcript.
For the foregoing reasons, Ms. Jacque s's appeal is DISMISSED without prejudice unless she orders a transcript at her expense within ten (10) days. Failure to order the transcript within ten (10) days will result in this dismissal being with prejudice, without further notice or opportunity to be heard.
IT IS SO ORDERED.