Supreme Court of Delaware

Anderson v. Fairfield Inn & Suites Middletown/Marriott International Inc.

March 31, 2025

Summary

The Court dismissed the appeal because the motion seeking reconsideration of the Superior Court's dismissal was filed outside the applicable five-day period and therefore did not toll the time to appeal. The underlying dismissal became final more than thirty days before the notice of appeal was filed, making it futile to allow service on the appellee. The Court also noted that the complaint was dismissed without prejudice, allowing the appellant to file a new complaint with supporting facts.