Supreme Court of Delaware, 2019

Jackson v. Phelps

Supreme Court of Delaware · Decided December 6, 2019 · Seitz C.J.

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE JOSEPH JACKSON, § § No. 580, 2018 Plaintiff Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § C.A. No. K18C-04-044 PERRY PHELPS, et al., § § Defendants Below, § Appellees. § Submitted: October 4, 2019 Decided: December 6, 2019 Before SEITZ, Chief Justice; VAUGHN, and TRAYNOR, Justices.

ORDER After careful consideration of the parties’ briefs and the record on the appeal, the Court concludes that this appeal must be dismissed under Supreme Court Rule 29(c).1 The appellant, Joseph Jackson,2 filed this appeal more than sixty days after he voluntarily dismissed his case in the Superior Court. A timely notice of appeal was due within thirty days.3 Contrary to Jackson’s contentions, the Superior Court was not required to enter an order upon his filing of the voluntary dismissal to make the dismissal effective.4 NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(c), that this appeal is DISMISSED.

BY THE COURT: /s/ Collins J. Seitz, Jr. Chief Justice

1 Supr. Ct. R. 29(c) (providing for dismissal sua sponte if the appeal “manifestly fails on its face to invoke the jurisdiction of the Court and where the Court concludes, in the exercise of its discretion, that the giving of notice would serve no meaningful purpose and that any response would be of no avail.”). 2 The appellees filed a notification of suggestion of Mr. Jackson’s death in July. His next of kin has indicated that she wishes to pursue this appeal. 3 Supr. Ct. R. 6(a)(i). 4 Super. Ct. Civ. R. 41(a)(1)(I) (“Subject to payment of costs and the provisions of Rule 23(e), an action may be dismissed by the plaintiff without order of court…by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment whichever first occurs) (emphasis added).

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