Opinion
C. A. 327 2023
10-16-2023
THE LIONS SHARE TRUST and KAREN A. ROULETTE, Defendants Below, Appellants, v. UNITED SERVICES AUTOMOBILE ASSOCIATION and USAA LIFE INSURANCE COMPANY, Plaintiffs Below, Appellees.
Submitted: October 10, 2023
Court Below-Superior Court of the State of Delaware C. A. No. N23C-03-276
Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.
ORDER
Karen L. Valihura Justice
(1) The appellants filed this appeal from an order, entered by a Superior Court Commissioner, that granted the appellees' motion for judgment on the pleadings and ordered the appellants to pay the appellees' attorneys' fees and costs. The Senior Court Clerk issued a notice directing the appellants to show cause why the appeal should not be dismissed based on this Court's lack of jurisdiction to consider an appeal from a Commissioner's order.
If this appeal were to proceed, it might be necessary for appellant The Lions Share Trust to retain counsel. See Tigani v. Director, 2020 WL 5237278, at *3-5 (Del. Super. Ct. Sept. 2, 2020) (discussing law regarding pro se litigants' pursuit of claims on behalf of artificial entities), aff'd, 2021 WL 2310426 (Del. June 4, 2021). Because the Court lacks jurisdiction over the appeal, however, we need not address this issue.
(2) In response to the notice to show cause, the appellants assert that the Commissioner's decision was based on faulty evidence and that the Superior Court failed to assign the case to the correct jurisdiction. It is well-settled that this Court is without jurisdiction to hear an appeal taken directly from an order issued by a Commissioner of the Superior Court. The right to review of a Superior Court Commissioner's order is to a judge of the Superior Court. Accordingly, this appeal must be dismissed.
We note that the appellees filed their complaint in the Superior Court after the Court of Chancery dismissed their complaint for lack of subject matter jurisdiction, with leave to transfer to the Superior Court under 10 Del. C. § 1902. United Servs. Automobile Ass'n v. Lions Share Trust, C. A. No. 2021-0296, Docket Entry No. 31 (Del. Ch. Feb. 21, 2023).
Browne v. State Farm Inc., 2022 WL 5073767 (Del. Oct. 4, 2022).
Id. (citing DEL. SUPER. CT. R. CIV. PROC. 132(a)(4)).
Id.; see also Redden v. McGill, 549 A.2d 695 (Del. 1988) (dismissing appeal from Family Court Commissioner's order for lack of appellate jurisdiction, although Commissioner's order was not subjected to sufficient "affirmative judicial action" by a judge of the Family Court as required to become a final judgment of the Family Court).
(3) Although this Court lacks jurisdiction to hear this appeal, it does not appear that the Commissioner's order was submitted to a Superior Court judge for final action as required in case-dispositive matters. As the appellants did not serve and file written objections to the Commissioner's order within ten days as permitted under Superior Court Civil Rule 132(a)(4)(ii), it appears that the case may be closed if the Superior Court judge accepts the Commissioner's order.
Browne, 2022 WL 5073767; see 10 Del. C. § 512(b)(1)b-d (setting forth procedures for a Commissioner's submission of proposed findings of fact and recommendations for the disposition of a motion for judgment on the pleadings to a judge of the Superior Court); Del. Super. Ct. R. Civ. Proc. 132(a)(4)(ii)(iv) (same).
See also 10 Del. C. § 512(b)(1)d.
See id. ("A judge of the Court may accept, reject or modify, in whole or in part, the findings or recommendations made by the Commissioner."); Del. Super. Ct. R. Civ. Proc. 132(a)(4)(iv) ("A judge may accept, reject, or modify, in whole or in part, the findings or recommendations made by the Commissioner.").
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b), that the appeal is DISMISSED.