Opinion
No. 359, 2001.
Submitted: August 9, 2001
Decided: August 23, 2001
Court Below — Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 98C-04-122.
ORDER
This 23rd day of August 2001, it appears to the Court that: (1) Defendant-Appellee, Oy Partek Ab, has filed a motion to dismiss the appeal of Plaintiff-Appellant Ralph F. Colgain, Jr., on jurisdictional grounds. Defendant-Appellee claims that, because Colgain's notice of appeal did not conform to Supreme Court Rule 7 or Supreme Court Official Form "A," this Court lacks jurisdiction to hear the appeal.
Supr. Ct. R. 29(b).
Plaintiff-Appellant filed an amended notice of appeal to comply with Supreme Court Rule 7 on August 6, 2001.
(2) The proper purpose of a notice of appeal filed in the Delaware Supreme Court is to provide notice of the appeal to all litigants who may be directly affected thereby, and to afford them an opportunity to take action to adequately protect their interests. A deficiency in the form of a notice of appeal does not in and of itself deprive this Court of jurisdiction. In this case, defendant-appellee does not claim that the form of the notice of appeal deprived it of an opportunity to take action to adequately protect its interests. In fact, defendant-appellee filed its motion to dismiss on August 2, 2001-one day after Colgain filed his notice of appeal on August 1, 2001. Thus, the essential purpose of the notice of appeal was served and this Court clearly has jurisdiction over the appeal.
Silvious v. Conley, Del. Supr., 2001 WL 674185 (2001) (citing State Personnel Commission v. Howard, Del. Supr., 420 A.2d 135, 138 (1980)).
Id.
NOW, THEREFORE, IT IS ORDERED that the motion to dismiss Colgain's appeal is DENIED. BY THE COURT: