Rende v. Rende

• Court: Supreme Court of Delaware
• Decided: July 30, 2025
• Docket: 296, 2025
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

FRANK RENDE, § § No. 296, 2025 Respondent Below, § Appellant, § Court Below: Court § of Chancery of the State of v. § Delaware § DEBRA RENDE and PAULA § C.A. No. 2021-0734 LOMBARD, as Co-Trustees of the § June E. Rende Revocable Trust § U/D/T dated June 10, 2015, as § amended, § § Petitioners Below, § Appellees. §

Submitted: July 18, 2025 Decided: July 30, 2025

Before VALIHURA, TRAYNOR, and LEGROW, Justices.

ORDER

(1) On July 9, 2025, the appellant, Frank Rende, filed a notice of appeal

from the Court of Chancery’s final order in this matter, which was dated and

docketed on April 11, 2025. Under Supreme Court Rules 6 and 11, a timely notice

of appeal should have been filed by May 12, 2025. The Clerk of this Court issued a

notice directing Rende to show cause why the appeal should not be dismissed as

untimely filed. In response to the notice, Rende argues the merits of his appeal but

does not address the jurisdictional defect arising from the untimely filing. (2) Time is a jurisdictional requirement.1 A notice of appeal must be

received by the Office of the Clerk of this Court within the applicable time period to

be effective.2 Unless an appellant can demonstrate that the failure to file a timely

notice of appeal is attributable to court-related personnel, an untimely appeal cannot

be considered.3

(3) Rende does not claim, and the record does not reflect, that his failure to

file a timely notice of appeal is attributable to court-related personnel. The appeal

must therefore be dismissed.

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

that the appeal be DISMISSED.

BY THE COURT:

/s/ Gary F. Traynor Justice

1 Carr v. State, 554 A.2d 778, 779 (Del. 1989). 2 DEL. SUPR. CT. R. 10(a). 3 Bey v. State, 402 A.2d 362, 363 (Del. 1979).