S. & S. BUILDERS, INC. v. Eagle Truck Transport, Inc.

Layton, J.:

Plaintiff’s motion to dismiss the appeal must be granted. Superior Court Rule 3(d), Del. C. Ann. requires that applications for the amendment of the transcript of docket entries be made on or before the fifth day after the filing of the praecipe and transcript. Since defendant failed to make any application whatsoever, the filing of the second transcript was a nullity. This forces us back to the first transcript which failed to show that the bond had been signed by a surety. 10 Del. C. § 9579(a) sets out a form of surety bond to be given in cases of appeals from Justices of the…