Wilson v. Cross

Wilson v. Cross

No. 298, 2025, Supreme Court of Delaware (August 14, 2025). Before Valihura, Traynor, and LeGrow, Justices. Appeal from Family Court of the State of Delaware, File No. CN20-02314.

Relevant Facts

• Rachel Wilson and Peter Wilson (the "Guardians") served as guardians of a child whose mother was Evelyn Cross. The Family Court denied the Guardians' petition for permanent guardianship and granted Cross's petition seeking rescission of the guardianship on June 9, 2025.

• The Guardians filed a notice of appeal from the Family Court order on July 9, 2025.

• After the Family Court's order but before the appeal, Cross filed a motion on July 1, 2025, seeking to shift attorneys' fees to the Guardians. That motion remained pending and unresolved in the Family Court.

Legal Issues

• Whether the Family Court's order denying permanent guardianship and granting rescission was a final order appealable as of right, or whether it was interlocutory given the pending motion for attorneys' fees.

• Whether the Guardians were required to comply with Supreme Court Rule 42 (governing interlocutory appeals) before appealing.

Positions of the Parties

• The Guardians argued that Supreme Court Rule 42 did not apply because the Family Court's June 9, 2025 order was a final order, not an interlocutory one.

• The Supreme Court, acting sua sponte through a notice to show cause, questioned whether the appeal was properly before it given the pending attorneys' fees motion below.

Decision of the Court and Reasons

The Delaware Supreme Court dismissed the appeal for lack of jurisdiction. The court held that a judgment on the merits is not final until an outstanding application for attorneys' fees has been decided. Because Cross's motion for attorneys' fees had not yet been resolved in Family Court, the June 9, 2025 order was interlocutory, not final. Since the Guardians did not comply with Supreme Court Rule 42 governing interlocutory appeals, the court lacked jurisdiction. The court allowed the Guardians' docketing fee to be applied to a future appeal from the Family Court's eventual final order.