Supreme Court of Delaware
Dr. Henry T. Nicholas, Iii, Wiliam J. Ruehle, and Dr. Henry Samueli, Below v. National Union Fire Insurance Company…
May 20, 20132013 Del. LEXIS 242
Summary
The court held that the Superior Court’s electronic filing system improperly rejected a timely notice of appeal when the filing clearly showed the appellants’ intent to appeal to the Supreme Court. Because the filing was timely made in the wrong court and the transfer statute is remedial, the appellants were entitled to have the notice accepted nunc pro tunc and to transfer the matter. The case was remanded while jurisdiction was retained.