Kostyshyn v. Trustees of New Castle Common

2. Kostyshyn v. Trustees of New Castle Common

Citation: No. 458, 2025 (Del. Feb. 2, 2026)

Relevant Facts

• Peter Kostyshyn and Patricia Kostyshyn filed an appeal in Delaware Supreme Court.
• Case involved Trustees of New Castle Common, Backyard Products, Home Depot USA Incorporated, and Axis Wick Insurance as defendants/appellees.
• Appellants failed to pay the required filing fee despite multiple notices.

Legal Issues

Whether the appellants should be afforded the opportunity to cure the filing fee deficiency; and whether the appeal should be dismissed for failure to pay filing fees.

Positions of the Parties

Appellants (Kostyshyn): Did not file a motion to proceed in forma pauperis or respond to notices directing payment.

Appellees: Implicitly supported dismissal through appellants' failure to comply.

Decision by the Court

The appeal was dismissed under Delaware Supreme Court Rules 3(b)(2) and 29(b).

Reasons for the Decision

The Chief Deputy Clerk sent multiple letters directing appellants to pay the filing fee or file a motion/affidavit to proceed in forma pauperis (November 13 and December 5, 2025). A notice to show cause was issued by certified mail on December 23, 2025. Postal service attempted delivery on December 31, 2025 and January 5, 2026. The notice was reissued by first-class mail on January 12, 2026. Appellants failed to respond within the required ten-day period, and dismissal was deemed unopposed.