Oscar v. Caesar

IN THE SUPREME COURT OF THE STATE OF DELAWARE

DELILAH OSCAR,1 §
§ No. 394, 2024
Petitioner Below, §
Appellant, § Court Below–Family Court
§ of the State of Delaware
v. §
§ File No. CN13-01448
IAN CAESAR, § Petition No. 24-04720
§
Respondent Below, §
Appellee. §

Submitted: November 12, 2024
Decided: November 13, 2024

Before SEITZ, Chief Justice; LEGROW and GRIFFITHS, Justices.

ORDER

After consideration of the notice to show cause and the appellant’s response,

it appears to the Court that:

(1) The appellant, Delilah Oscar, filed this appeal from the Family Court’s

August 27, 2024 order denying her petition for custody modification. On October

7, 2024, the Court denied Oscar’s petition to proceed in forma pauperis. The same

day, the Senior Court Clerk advised Oscar to pay the Court’s filing fee by October

21, 2024, or a notice to show cause would issue. Oscar failed to pay the filing fee.

1
The Court previously assigned pseudonyms to the parties under Supreme Court Rule 7(d).
(2) On October 30, 2024, the Chief Deputy Clerk issued a notice, sent by

certified mail, directing Oscar to show cause why this appeal should not be dismissed

for her failure to pay the filing fee. On November 12, 2024, Oscar responded to the

notice to show cause. In her response, Oscar argues the merits of her appeal and

asks the Court to waive the filing fee. Under the rules of this Court, a party filing an

appeal must pay the applicable filing fees, unless the Court authorizes the

commencement of the appeal without prepayment of fees because the party is

indigent.2 In light of the Court’s denial of Oscar’s motion to proceed in forma

pauperis and Oscar’s failure to pay the filing fee, this appeal must be dismissed.

NOW, THEREFORE, IT IS HEREBY ORDERED that this appeal is

DISMISSED under Supreme Court Rule 29(b).

BY THE COURT:

/s/ N. Christopher Griffiths
Justice

2
Del. Supr. Ct. R. 20(a), (h).
2