No. 313, 2009.Supreme Court of Delaware.Submitted: June 24, 2009.
Decided: June 29, 2009.
Court Below-Family Court of the State of Delaware in and for New Castle County, File No. 0705010433, CPI No. 07-05911.
Before STEELE, Chief Justice, JACOBS
and RIDGELY, Justices.
ORDER
HENRY DUPONT RIDGELY, Justice.
This 29th day of June 2009, it appears to the Court that: (1) The appellant has filed a notice of appeal from a decision of a Family Court Commissioner dated April 29, 2009. The Clerk of the Court issued a notice to show cause why the appeal should not be dismissed for this Court’s lack of jurisdiction to consider an appeal directly from a decision of a Family Court Commissioner. The appellant filed a response to the notice to show cause on June 24, 2009. In the response, the appellant argues that Del. Code Ann. tit. 10, § 1051 grants this Court jurisdiction to hear the instant appeal.
(2) A Commissioner’s decision is not a final judgment for purposes of appeal to this Court.[1] A party’s right of review from a Commissioner’s decision shall be to a judge of the Family Court.[2] Accordingly, this Court lacks jurisdiction to consider the instant appeal in the first instance and it, therefore, must be dismissed.[3]
NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED.