In the Matter of the Petition of Felix Taylor for a Writ of Quo Warranto

• Court: Supreme Court of Delaware
• Decided: June 5, 2025
• Docket: 136, 2025
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE MATTER OF THE § No. 136, 2025 PETITION OF FELIX TAYLOR § FOR A WRIT OF QUO § WARRANTO

Before TRAYNOR, LEGROW, and GRIFFITHS, Justices.

ORDER

This 5th day of June, 2025, it appears to the Court that:

(1) The petitioner, Felix Taylor, filed a complaint seeking to invoke the

original jurisdiction of this Court to issue an extraordinary writ of quo warranto.

Taylor is the respondent in child support and other proceedings in the Family Court.1

Although the allegations in the complaint are difficult to discern, Taylor appears to

allege that the Family Court lacks subject matter jurisdiction as to the child support

matter and personal jurisdiction as to Taylor. Taylor seeks (i) to dismiss the Family

Court proceedings, (ii) custody of his child, and (iii) relief from child-support

obligations and arrears.

(2) After careful review, we conclude that the complaint must be

dismissed. “The writ of quo warranto ‘is a remedy that is essentially adversarial in

nature that seeks to remove the challenged officer from a position. The writ or order

is like a summons commanding the respondent to show by what authority he or she

1 The Court has taken judicial notice of the record in Family Court File No. CS19-01322. claims to hold an office and is, in effect, an order to show cause.’”2 A proceeding

for a writ of quo warranto cannot provide the relief that Taylor seeks.3

NOW, THEREFORE, IT IS ORDERED that the complaint seeking issuance

of a writ of quo warranto is DISMISSED.

BY THE COURT:

/s/ Abigail M. LeGrow Justice

2 Capriglione v. State, 279 A.3d 803, 805 n.13 (Del. 2021) (quoting 65 AM. JUR. 2d Quo Warranto § 2 (Feb. 2021)); see also In re Simms, 2024 WL 542959, at *1 (Del. Feb. 9, 2024) (dismissing complaint seeking issuance of a writ of quo warranto and stating that “to the extent that the complaint seeks to correct legal errors in the summary-possession action or other relief beyond removal of the magistrate from office, a proceeding for a writ of quo warranto cannot provide the desired relief”); Hampson v. State, 233 A.2d 155, 156 (Del. 1967) (describing a petition for a writ of quo warranto as “the common law remedy available in Delaware for determining the right to hold and occupy a public office”). 3 Simms, 2024 WL 542959, at *1; see also Hampson, 233 A.2d at 157 (stating that a proceeding for a writ of quo warranto is “brought by the Attorney General in the public interest against an alleged usurper of the office” and that the “remedy afforded by the writ is that of ouster”). 2