Supreme Court of Delaware

Alston v. Maahs

March 14, 2019

Summary

The Supreme Court of Delaware affirmed the dismissal with prejudice of Alston’s complaint for failure to prosecute. It held that Alston’s filings after the Rule 41(e) notice did not move the case forward, and the Superior Court therefore did not abuse its discretion in dismissing the action. The court also held that any error in rejecting a post-dismissal filing was harmless because Alston timely filed his notice of appeal.