Coppedge v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE
JAMES COPPEDGE, §
§
Defendant Below- § No. 448, 2017
Appellant, §
§
v. §
§ Court Below—Superior Court
US BANK NATIONAL § of the State of Delaware
ASSOCIATION, §
§ C.A. No. K11L-02-042
Plaintiff Below- §
Appellee. §
Submitted: November 2, 2017
Decided: November 29, 2017
Before VALIHURA, VAUGHN, and SEITZ, Justices.
ORDER
This 29th day of November 2017, it appears to the Court that:
(1) On October 27, 2017, the Court received the appellant’s notice of
appeal from a Superior Court order docketed on July 21, 2017, granting the
appellee’s writ of possession in this mortgage foreclosure action. Under Supreme
Court Rule 6(a)(i), a timely notice of appeal should have been filed on or before
August 21, 2017.
(2) The Senior Court Clerk issued a notice directing the appellant to show
cause why the appeal should not be dismissed as untimely. The appellant filed a
response to the notice to show cause on November 2, 2017. The appellant’s response
addresses the underlying merits of the appeal and does not address the untimely
notice of appeal.
(3) Time is a jurisdictional requirement.1 A notice of appeal must be
received by the Office of the Clerk of this Court within the applicable time period to
be effective.2 An appellant’s pro se status does not excuse a failure to comply strictly
with the jurisdictional requirements of Supreme Court Rule 6. 3 The appellant’s
untimely filing in this case is not attributable to court personnel. Thus, the appeal
must be dismissed for lack of jurisdiction.
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b),
that the appeal is DISMISSED.
BY THE COURT:
/s/ James T. Vaughn, Jr.
Justice
1
Carr v. State, 554 A.2d 778, 779 (Del.), cert. denied, 493 U.S. 829 (1989).
2
Del. Supr. Ct. R. 10(a) (2017).
3
Smith v. State, 47 A.3d 481, 486-87 (Del. 2012).
2