Weston v. State

CHRISTIE, Chief Justice:

In this case the Court must decide whether an appellant who files a timely notice of appeal, but incorrectly indicates that his appeal is from an unappealable interlocutory order, may amend his notice of appeal so as to indicate that it is from the final order. We find that the holding of this Court in the case of State Personnel Commission v. Howard, Del.Supr., 420 A.2d 135 (1980), controls this issue and that, because the amendment does not substantially prejudice the appellee, it is permissible and the appeal may go forward. How*1120ever, on the merits of the appeal, we…