Brewer v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE

PHILLIP BREWER, §
§
Petitioner Below, § No. 460, 2025
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § C.A. No. S25C-07-007
§
Respondent Below, §
Appellee. §

Submitted: November 17, 2025
Decided: December 12, 2025

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

ORDER

Upon consideration of the notice to show cause and the response, it appears

to the Court that:

(1) Phillip Brewer filed this appeal from the Superior Court’s denial of his

motion for default judgment in an action he filed under the Wrongful Conviction

Compensation and Services Act, 10 Del. C. § 7001 et seq. The Senior Court Clerk

issued a notice directing Brewer to show cause why this appeal should not be

dismissed for his failure to comply with Supreme Court Rule 42 when taking an

appeal from an interlocutory order. In his response to the notice to show cause,

Brewer argues that the Superior Court should not have denied his motion for default
judgment. He does not, however, address his failure to comply with the

requirements of Rule 42 for appealing an interlocutory order.

(2) Absent compliance with Rule 42, this Court is limited to the review of

a trial court’s final judgment.1 An order is final and appealable when the trial court

has clearly declared its intention that the order be the court’s final act in disposing

of all justiciable matters within its jurisdiction.2 The denial of the motion for default

judgment is not the Superior Court’s final act in this matter. Brewer was therefore

required to comply with the requirements of Rule 42 and has not done so. Given

Brewer’s failure to comply with Rule 42, this interlocutory appeal must be

dismissed.

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b),

that this appeal is DISMISSED.

BY THE COURT:

/s/ Karen L. Valihura
Justice

1
Julian v. State, 440 A.2d 990, 991 (Del. 1982).
2
J.I. Kislak Mortgage Corp. v. William Matthews, Builder, Inc., 303 A.2d 648, 650 (Del. 1973).

2