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Alex VANDYKE, Petitioner Below-Appellant, v. STATE of Delaware, Respondent Below-Appellee.

Delaware Court of Errors and Appeals2018-08-03No. No. 327, 2018
192 A.3d 554

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Opinion

majority opinion

Karen L. Valihura, Justice

Upon consideration of the notice to show cause, the appellants response, and the States reply, it appears to the Court that:

(1) On June 25, 2018, the Court received the appellant Alex Vandykes notice of appeal from the Family Courts order, dated May 22, 2018 and docketed May 23, 2018, accepting an order of a Family Court Commissioner requiring, among other things, that Vandyke register as a Tier II sex offender. Under Supreme Court Rule 6(a)(i), a timely notice of appeal should have been filed by June 22, 2018, which was thirty days from docketing of the Family Courts order.

(2) The Senior Court Clerk issued a notice directing Vandyke to show cause why the appeal should not be dismissed as untimely. Vandyke, through his counsel, filed a response to the notice to show on July 12, 2018. Counsel states that she incorrectly calculated the appeal deadline by relying upon the Family Courts date of mailing the order, which is reflected on the order as May 24, 2018. Counsel requests a remand to the Family Court so that the Family Court may reissue its order.

(3) The State filed a reply to Vandykes response. The State does not object to counsels request for a remand to allow the Family Court to vacate its May 22, 2018 order and to reissue it to allow Vandyke the opportunity to file a timely notice of appeal.

(4) We agree that the proper course of action is to remand this matter to the Family Court. Upon remand, the Family Court should vacate its May 22, 2018 order and reissue it in order to permit Vandyke the opportunity to file a timely appeal.

NOW, THEREFORE, IT IS HEREBY ORDERED that the matter is REMANDED to the Family Court for further action in accordance with this order. Jurisdiction is not retained.