Murphy v. Murphy

Supreme Court of the State of Delaware · 2025 · Family Law

Family LawAppellate ProcedureInterlocutory AppealsFinal Judgment Rulefinal orderinterlocutory orderRule 42appellate jurisdiction

Facts

Ex-Wife sought review of four Family Court orders entered in December 2024. Those orders concerned discovery, attorneys' fees, in forma pauperis status relating to a motion to reopen proceedings involving a premarital agreement, and reconsideration of a transcript-fee waiver ruling. In responding to the Supreme Court's notice to show cause, Ex-Wife argued the merits of those rulings. She did not assert that she had complied with Supreme Court Rule 42 or that the orders finally resolved the relevant Family Court proceedings.

Issue

Whether the Delaware Supreme Court could hear Ex-Wife's appeal from the four Family Court orders when she did not show compliance with Supreme Court Rule 42 and did not contend that the orders were final. More broadly, the question was whether the appealed orders were reviewable final orders or unappealable interlocutory orders.

Rule

Absent compliance with Delaware Supreme Court Rule 42, the Supreme Court's appellate jurisdiction is limited to review of final trial court orders. An order is final and appealable only when it leaves nothing for future determination or consideration.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Wilmington, Priya Desai is litigating a custody and support matter against Owen Barrett in Family Court. The court denies Priya's motion to subpoena records from a child's therapist, but the underlying custody hearing remains scheduled for next month.

Priya files a notice of appeal immediately and does not seek interlocutory review. How should the Delaware Supreme Court most likely respond?

Explanation. Absent compliance with Supreme Court Rule 42, appellate jurisdiction is limited to final trial court orders. A final order is one that leaves nothing for future determination or consideration. Because the denied subpoena did not end the underlying proceeding, the order is interlocutory and the appeal should be dismissed. Merits of the discovery dispute do not create jurisdiction. (Derived from Murphy v. Murphy (n.d.).)