Jeff D'Ambrosio Imports Inc. d/b/a Jeff D'Ambrosio Chrysler Jeep Dodge v. Delborrello Financial Services DE LLC d/b/a United Check Cashing
CourtSupreme Court of Delaware
Date FiledOctober 5, 2026
Docket379, 2026
StatusPublished
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Full Opinion
IN THE SUPREME COURT OF THE STATE OF DELAWARE
JEFF D’AMBROSIO IMPORTS §
INC., d/b/a JEFF D’AMBROSIO § No. 379, 2026
CHRYSLER JEEP DODGE, §
§ Court Below–Superior Court
Defendant Below, § of the State of Delaware
Appellant, §
§ C.A. No. N26C-03-323
v. §
§
DELBORRELLO FINANCIAL §
SERVICES DE LLC d/b/a §
UNITED CHECK CASHING, §
§
Plaintiff Below, §
Appellee. §
Submitted: September 9, 2026
Decided: October 5, 2026
Before TRAYNOR, LEGROW, and GRIFFITHS, Justices.
ORDER
After consideration of the notice to show cause and the parties’ responses, it
appears to the Court that:
(1) The appellant filed this appeal from a Superior Court commissioner’s
order denying the appellant’s motion to vacate a default judgment entered in favor
of the appellee. The Senior Court Clerk issued a notice to the appellant to show
cause why this appeal should not be dismissed for this Court’s lack of jurisdiction to
hear an appeal taken directly from a Superior Court commissioner’s order.
(2) In its response to the notice to show cause, the appellant notes that the
commissioner’s order was case dispositive and asks the Court to remand the matter
for further proceedings under Superior Court Civil Rule 132. At the Court’s request,
the appellee also responded to the notice to show cause and argues that the
commissioner’s order was not a final, appealable order.
(3) It is well settled that this Court does not have jurisdiction to hear an
appeal taken directly from an order issued by a Superior Court commissioner. A
party’s right to appeal a commissioner’s order is to a judge of the Superior Court.1
This appeal therefore must be dismissed. We note that the appellant may move under
Rule 132(c) for an enlargement of time to file objections to the commissioner’s
order. Should the appellant do so, we leave it to the Superior Court to decide in the
first instance whether to grant such a motion.
NOW, THEREFORE, IT IS ORDERED that the appeal is DISMISSED under
Supreme Court Rule 29(b).
BY THE COURT:
/s/ Abigail M. LeGrow
Justice
1
Browne v. State Farm Inc., 2022 WL 5073767, at *1 (Del. Oct. 4, 2022) (citing Johnson v. State,
884 A.2d 475, 478-79 (Del. 2005) and Del. Super. Ct. Civ. R. 132(a)(4)).
2