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Salloway, Thomas v. Betsy Kline

2026-08-19

Summary

Holding. The appeal is dismissed because Salloway failed to file his notice of appeal within the required thirty-day deadline, and his medical hospitalization does not excuse noncompliance with the jurisdictional time requirement since court personnel were not responsible for the delay.

Thomas Salloway filed a notice of appeal from a Family Court divorce-related order on August 6, 2026, which was thirteen days after the thirty-day deadline for appealing had expired on July 24, 2026. In response to the court's directive to explain the delay, Salloway submitted a letter from his hospital indicating he had been hospitalized since July 24 due to a stroke and therefore was unable to file within the required timeframe.

The Delaware Supreme Court held that the filing deadline for notices of appeal is a jurisdictional requirement that cannot be excused by medical hardship or personal circumstances. The court emphasized that an appellant's pro se status does not permit deviation from strict compliance with appeal rules, and that the only exception to this rule applies when court personnel are responsible for the delay. Because Salloway's hospitalization resulted from his own medical condition rather than any action or omission by court staff, the court found no basis to overlook the untimely filing.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether medical hardship excuses failure to meet appellate filing deadlines
  • Whether time limits for filing notices of appeal are jurisdictional
  • Circumstances under which an untimely appeal may be permitted

Procedural posture

Salloway appealed a June 24, 2026 Family Court order on August 6, 2026, thirteen days after the statutory deadline, and responded to a show-cause notice by citing his stroke and hospitalization.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

THOMAS SALLOWAY,1 §

§ No. 342, 2026

Respondent Below, §

Appellant, § Court Below–Family Court

§ of the State of Delaware

v. §

§ File No. CN24-04863

BETSY KLINE, § Petition No. 24-22283

§

Petitioner Below, §

Appellee. §

Submitted: August 13, 2026

Decided: August 19, 2026

Before SEITZ, Chief Justice; TRAYNOR and LEGROW, Justices.

ORDER

After consideration of the notice to show cause and the appellant’s response,

it appears to the Court that:

(1) On August 6, 2026, the appellant, Thomas Salloway, filed a notice of

appeal from a Family Court order, dated and docketed June 24, 2026, resolving

matters ancillary to the parties’ divorce. Because a timely notice of appeal was due

on or before July 24, 2 the Senior Court Clerk issued a notice directing Salloway to

show cause why this appeal should not be dismissed as untimely filed. In response

to the notice to show cause, Salloway asserts that he filed an untimely notice of

1

The Court previously assigned pseudonyms to the parties under Supreme Court Rule 7(d). 2

Del. Supr. Ct. R. 6(a)(i).

appeal because he had a stroke and was hospitalized. He attaches to his response a

letter from Christiana Care stating that Salloway has been hospitalized since July 24,

2026, the last day of the 30-day appeal period.

(2) Time is a jurisdictional requirement.3 A notice of appeal must be

received by the Court within the applicable time period to be effective.4 An

appellant’s pro se status does not excuse a failure to comply strictly with the Court’s

jurisdictional requirements.5 Unless an appellant can demonstrate that his failure to

file a timely notice of appeal is attributable to court-related personnel, an untimely

appeal cannot be considered.6 “Medical hardship does not excuse failure to comply

strictly with the jurisdictional time requirement for filing an appeal.”7

(3) Salloway does not claim, and the record does not reflect, that his failure

to file a timely notice of appeal from the Family Court’s order is attributable to courtrelated personnel. This appeal must therefore be dismissed. 8

3

Carr v. State, 554 A.2d 778, 779 (Del.), cert. denied, 493 U.S. 829 (1989). 4

Del. Supr. Ct. R. 10(a).

5

Rogers v. Morgan, 2019 WL 168667, at *1 (Del. Jan. 10, 2019).

6

Bey v. State, 402 A.2d 362, 363 (Del. 1979).

7

Bivens v. Barkley, 2014 WL 3658818, at *1 (Del. July 22, 2014).

8

See, e.g., Hall v. State, 2022 WL 17101453, at *1 (Del. Nov. 21, 2022) (dismissing untimely appeal in which the appellant stated in response to the notice to show cause that he was heavily medicated and not mentally competent during the 30-day appeal period); Porter v. Townsend, 2022 WL 905750, at *1 (Del. Mar. 28, 2022) (dismissing untimely appeal in which the appellant attributed the delay to his poor health); Ringgold v. State, 2015 WL 5168265, at *1 (Sept. 2, 2015) (dismissing untimely appeal in which the appellant attributed the delay to his illness); Alford v. State, 2013 WL 3484679, at *1 (Del. July 8, 2013) (dismissing untimely appeal in which the appellant stated in response to the notice to show cause that effects from heart surgery had contributed to the untimely filing); Washington v. Div. of Fam. Servs., 2011 WL 6201770, at *1

2

NOW, THEREFORE, IT IS HEREBY ORDERED that the appeal be

DISMISSED under Supreme Court Rule 29(b).

BY THE COURT:

/s/ Gary F. Traynor

Justice

(Del. Dec. 13, 2011) (dismissing untimely appeal in which the appellant stated in response to the notice to show cause that she had been ill).

3