Landis Supply v. Joseph A. Capaldi, Inc.

BALICK, Judge.

This is a motion to dismiss an appeal from the Court of Common Pleas in a civil action. The narrow issue is whether the day the judgment is entered is counted in computing the 15 day period for filing an appeal. The broader concern is the uncertainty of the procedure for filing an appeal.

The position of the appellee is as follows: 10 Del.C. § 1318 gives the right to appeal “in the same manner as is provided by law as to causes tried before justices of the peace . . ..” 10 Del.C. § 9571(a) says that “an appeal shall be allowed by the justice at any time within 15 days from the…