Timco v. Allied World

• Court: Supreme Court of Delaware
• Decided: December 18, 2023
• Docket: 393, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

KYLE TIMCO, § § No. 393, 2023 Plaintiff Below, § Appellant, § Court Below–Court of Chancery § of the State of Delaware v. § § C.A. No. 2023-0798 ALLIED WORLD, ARIZONA § RISK MANAGEMENT, AND § MARICOPA RISK § MANAGEMENT, § § Defendants Below, § Appellees. § §

Submitted: December 5, 2023 Decided: December 18, 2023

Before TRAYNOR, 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, Kyle Timco, filed this appeal from a Court of Chancery

magistrate’s order—dated August 4, 2023, and docketed August 7, 2023—

dismissing Timco’s complaint upon initial review under 10 Del. C. § 8803(b). The

Senior Court Clerk issued a notice directing Timco to show cause why his appeal

should not be dismissed based on this Court’s lack of jurisdiction to consider an appeal from a magistrate’s order. In response to the notice to show cause, Timco

argues the merits of his appeal but does not address this Court’s jurisdiction.

(2) This Court lacks jurisdiction to hear an appeal directly from a

magistrate’s decision.1 The appellant’s right to review of the magistrate’s order was

to a judge in the Court of Chancery.2 Having failed to pursue that review, Timco

waived his right to any further review or appeal.3

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

DISMISSED under Supreme Court Rule 29(b).

BY THE COURT:

/s/ Abigail M. LeGrow Justice

1 Kalil v. Kalil, 2018 WL 1915123 (Del. Mar. 12, 2018). 2 In re Estate of Webb, 2011 WL 4838972 (Del. Oct. 12, 2011). 3 Id. (citing Del. Ct. Ch. R. 144). 2