IN RE BRATHWAITE v. SNYDER, 00A-11-007-JEB (Del.Super. 9-25-2001)

C.A. No. 00A-11-007-JEBSuperior Court of DelawareSubmitted: July 12, 2001
Decided: September 25, 2001

Kevin C. Brathwaite, Smyrna.

Gregory E. Smith, Esq., Deputy Attorney General, Wilmington.

John E. Babiarz, Jr., Judge

Dear Mr. Brathwaite and Counsel:

This case began with Plaintiff Brathwaite’s complaint in Justice of the Peace Court (“JP Court”) seeking the return of his personal property from Defendants, who are officials at the Delaware Correctional Center where Plaintiff is incarcerated. The magistrate granted Defendants’ motion to dismiss on June 19, 2000, and Plaintiff appealed to the Court of Common Pleas (“CCP”) on August 7, 2000. CCP dismissed his appeal for lack of jurisdiction, pursuant to 10 Del. C. § 9571.

Plaintiff appeals from CCP’s dismissal and adds several new facts and arguments.[1] The only issue before this Court is whether CCP erred in dismissing the appeal. This is a question of law, which this Court reviews de novo on appeal from a CCP decision.[2]

The appellate jurisdiction of the Court of Common Pleas is defined by statute. An appeal from JP Court to CCP must be filed and perfected within 15 days of the final order from CCP, pursuant to 10 Del. C. § 9571(b).[3] This statute is jurisdictional and, if it is not complied with, the appellate court has no jurisdiction over the appeal.[4] In this case, the action was dismissed by JP Court on June 19, 2000, and Plaintiff did not file his appeal in CCP until August 7, 2000, far exceeding the 15-day limit. CCP had no authority to enlarge the 15-day filing period and appropriately dismissed the appeal for lack of jurisdiction. The decision of the Court of Common Pleas is hereby Affirmed.

It Is So ORDERED.