Anderson v. General Motors, LLC

• Court: Supreme Court of Delaware
• Decided: January 17, 2025
• Docket: 389, 2024
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

ROLAND C. ANDERSON, § § Plaintiff Below, § No. 389, 2024 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § GENERAL MOTORS, LLC, § C.A. No. N23C-08-065 § Defendant Below, § Appellee. § §

Submitted: December 30, 2024 Decided: January 17, 2025

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

ORDER

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

the Court that:

(1) The appellant, Roland C. Anderson, appealed the Superior Court’s

order denying his motion for default judgment and granting the motion to dismiss

filed by the appellee, General Motors, LLC. On October 2, 2024, the Court denied

Anderson’s motion to proceed in forma pauperis. That same day, the Senior Court

Clerk advised Anderson to pay this Court’s filing fee by October 16, 2024, or a

notice to show cause would issue. After Anderson requested extensions to pay the filing fee, the Court extended the deadline until November 29, 2024. Anderson still

failed to pay the filing fee.

(2) On December 3, 2024, the Chief Deputy Clerk issued a notice, by

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

dismissed for his failure to pay the filing fee. In response to the notice to show cause,

Anderson argues that his appeal should not be dismissed because he paid the filing

fee and filed a petition for writ of certiorari related to the filing fee in the United

States Supreme Court. Contrary to Anderson’s contention, he has not paid this

Court’s filing fee. He paid the Superior Court’s fee.

(3) As to the petition for a writ of certiorari, the documentation that

Anderson provided with his response to the notice to cause shows that the United

States Supreme Court returned the petition to him for failure to comply with their

rules. In any event, a party filing an appeal in this Court must pay the applicable

filing fees, unless the Court authorizes the commencement of the appeal without

prepayment of fees because the party is indigent.1 Given the Court’s denial of

Anderson’s motion to proceed in forma pauperis and Anderson’s failure to pay the

filing fee, this appeal must be dismissed.

1 Supr. Ct. R. 20(a), (h).

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

that this appeal is DISMISSED.

BY THE COURT:

/s/ Collins J. Seitz, Jr. Chief Justice