Opinion
C.A. No: 02A-04-009 and 02A-04-010
Submitted: May 15, 2002
Decided: June 28, 2002
Upon Appellee's Motion to Dismiss Appeal of Appellant Jeffrey Goldstein.
GRANTED CONDITIONALLY UPON APPELLANT NOT POSTING BOND
ORDER
Upon review of Randall Stickney ("Appellee")s' Motion to Dismiss Appeal of Jeffrey Goldstein ("Appellant") pursuant to Rule 72(f) and the record, it appears to the Court that:
1. Appellee filed a Motion a Motion to Dismiss Appeal of Appellant on May 15, 2002, asking this Court to order Appellant to post bond, since he is a non-resident, and to dismiss his appeal should he fail to do so.
2. The established law in this State is that parties must follow the exact terms required by the particular statute, otherwise the appeal will be subject to dismissal.
Wright v. Shaw, 188 A.2d 669 (Del.Super. 1963).
3. Rule 72 which is applicable in this situation, and which specifies various facets of the procedure for appeals which are to be decided on record, requires a bond only for non-resident appellants upon written motion by appellee and proof of non-residence.
Id.
4. According to Rule 72(f), the factors that the Court needs to consider in order to dismiss the appeal of Appellant are: (a) whether such dismissal has been requested in writing by Appellee, (b) whether evidence has been presented to the Court's satisfaction regarding the non-residence status of Appellant, and (c) whether Appellant has posted bond.
5. According to the evidence presented by the Appellee, (a) Appellant is a non-resident, and (b) he has not posted bond.
6. IT IS ORDERED that pursuant to Rule 72(f), Appellant Jeffrey P. Goldstein shall post bond with the Court of Common Pleas in amount of the judgment granted by that Court, including the principal amount of the judgment, punitive damages, court costs, pre-judgment interest, and an amount equal to post judgment interest for six months, by the ___ day of July, 2002.
7. IT IS FURTHER ORDERED that if Jeffrey P. Goldstein does not post said bond by the aforesaid date, then upon notification by Appellee to the Court, with notice to Jeffrey P. Goldstein, or his counsel if he is represented, his appeal shall be dismissed.
IT IS SO ORDERED.