Dawson, Alice v. Trey Michaelson

• Court: Supreme Court of Delaware
• Decided: January 5, 2026
• Docket: 477, 2025
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

ALICE DAWSON,1 § § No. 477, 2025 Respondent Below, § Appellant, § Court Below–Family Court § of the State of Delaware v. § § File No. CN20-02979 TREY MICHAELSON, § Petition No. 25-21673 § Petitioner Below, § Appellee. §

Submitted: December 30, 2025 Decided: January 5, 2026

Before VALIHURA, TRAYNOR, and LEGROW, Justices.

ORDER

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

it appears to the Court that:

(1) On November 24, 2025, the appellant, Alice Dawson, filed a notice of

appeal from a November 14, 2025 Family Court case management conference held

on the appellee’s pending petition for a rule to show cause. The Chief Deputy Clerk

issued a notice to Dawson to show cause why this appeal should not be dismissed

for her failure to comply with Supreme Court Rule 42 when taking an appeal from

1 The Court previously assigned pseudonyms to the parties under Supreme Court Rule 7(d). an interlocutory order. Dawson has responded to the notice to show cause but does

not address the interlocutory nature of this appeal.

(2) An order constitutes a final judgment when it “leaves nothing for future

determination or consideration.”2 Any decision made by the Family Court at the

November 14 case management conference is interlocutory because the Family

Court did not finally resolve the merits of the appellee’s petition for a rule to show

cause.

(3) Absent compliance with Rule 42, the appellate jurisdiction of this Court

is limited to the review of final trial court orders. 3 Dawson’s failure to comply with

Rule 42 leaves this Court without jurisdiction to hear her interlocutory appeal.

Dawson may appeal once the Family Court issues a final order in the rule-to-show-

cause proceedings.4

NOW, THEREFORE, IT IS HEREBY ORDERED that the appeal be

DISMISSED under Supreme Court Rule 29(b).

BY THE COURT:

/s/ Gary F. Traynor Justice

2 Werb v. D’Alessandro, 606 A.2d 117, 119 (Del. 1992). 3 Julian v. State, 440 A.2d 990, 991 (Del. 1982). 4 We note that a hearing on the petition is scheduled for January 14, 2026. 2