Narrative Opinion Summary
Ronald Davis appealed a decision from the Superior Court of Delaware, which dismissed his petition for a writ of mandamus due to his failure to pay a $75 filing fee. On October 10, 2016, the Supreme Court issued a notice for Davis to explain why the appeal should not be dismissed for not diligently prosecuting it, specifically regarding the non-payment of the Superior Court’s record preparation fee. In response, Davis acknowledged an unspecified error in the Superior Court and requested a remand to correct this error. He filed a motion to remand on November 4, 2016. However, the Supreme Court found insufficient grounds to remand the case, noting that Davis provided no explanation for his failure to pay the required fee. Consequently, the appeal was dismissed for lack of diligent prosecution. The order was issued by Chief Justice Leo E. Strine, Jr. on January 3, 2017.
Legal Issues Addressed
Dismissal for Failure to Pay Filing Feesubscribe to see similar legal issues
Application: The appellant's failure to pay the required filing fee resulted in the dismissal of his petition for a writ of mandamus by the Superior Court.
Reasoning: Ronald Davis appealed a decision from the Superior Court of Delaware, which dismissed his petition for a writ of mandamus due to his failure to pay a $75 filing fee.
Dismissal for Lack of Diligent Prosecutionsubscribe to see similar legal issues
Application: The Supreme Court dismissed the appeal because the appellant did not pay the record preparation fee and failed to provide a sufficient explanation for this omission.
Reasoning: The Supreme Court found insufficient grounds to remand the case, noting that Davis provided no explanation for his failure to pay the required fee.
Motion to Remandsubscribe to see similar legal issues
Application: The appellant's motion to remand the case was denied due to lack of merit and insufficient justification for the remand.
Reasoning: He filed a motion to remand on November 4, 2016. However, the Supreme Court found insufficient grounds to remand the case.