Spencer, Blake v. Vernon Archer
CourtSupreme Court of Delaware
Date FiledSeptember 28, 2026
Docket384, 2026
StatusPublished
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Full Opinion
IN THE SUPREME COURT OF THE STATE OF DELAWARE
BLAKE SPENCER,1 §
§ No. 384, 2026
Petitioner Below, §
Appellant, § Court Below–Family Court
§ of the State of Delaware
v. §
§ File No. CN17-04244
VERNON ARCHER, § Petition No. 26-13791
§
Respondent Below, §
Appellee. §
Submitted: September 10, 2026
Decided: September 28, 2026
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) On August 27, 2026, Blake Spencer filed a notice of appeal purportedly
from a Family Court order dated August 7, 2026. But that “order” was a letter
written by a judicial assistant, not a court order. The notice of appeal was therefore
deemed to be a notice of appeal from the Family Court’s most recent order, which
was issued on July 24, 2026. Because a timely notice of appeal from that order was
due on or before August 24,2 the Senior Court Clerk issued a notice directing Spencer
1
The Court previously assigned pseudonyms to the parties under Supreme Court Rule 7(d).
2
Del. Supr. Ct. R. 6(a)(i).
to show cause why this appeal should not be dismissed as untimely filed. In response
to the notice to show cause, Spencer acknowledges that she wants to appeal the
Family Court’s July 24 order, but she does not address the untimeliness of the appeal.
(2) Time is a jurisdictional requirement.3 A notice of appeal must be
received by the Court within the applicable time period to be effective.4 An
appellant’s pro se status does not excuse a failure to comply strictly with the Court’s
jurisdictional requirements.5 Unless an appellant can demonstrate that her failure to
file a timely notice of appeal is attributable to court-related personnel, an untimely
appeal cannot be considered.6
(3) Spencer does not claim, and the record does not reflect, that her failure
to file a timely notice of appeal from the Family Court’s order is attributable to court-
related personnel. This appeal must therefore be dismissed.
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
3
Carr v. State, 554 A.2d 778, 779 (Del.), cert. denied, 493 U.S. 829 (1989).
4
Del. Supr. Ct. R. 10(a).
5
Rogers v. Morgan, 2019 WL 168667, at *1 (Del. Jan. 10, 2019).
6
Bey v. State, 402 A.2d 362, 363 (Del. 1979).
2