IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE 

IN AND FOR NEW CASTLE COUNTY 

MICHAEL BROWN ) 

 ) 

 Defendant Below/Appellant, ) 

 ) 

 v. ) C.A. No.: CPU4-14-000211 

 ) 

LUCILE O. BROWN & ) 

MALCOLM D. BROWN, SR., ) 

 ) 

 Plaintiffs Below/Appellees. ) 

Submitted: August 5, 2014 

Decided: September 29, 2014 

Peter K. Schaeffer, Esquire Thomas B. Ferry, P.A.

Avenue Law Attorney-At-Law 

1073 South Governors Avenue 299 E. Main Street 

Dover, DE 19904 Newark, DE 19711 

ORDER

 

 COMES NOW, the Court finds as follows: 

1. Lucile O. Brown and Malcolm D. Brown, Sr., Plaintiffs 

Below/Appellees were the defendants in a Landlord Tenant action brought by 

Michael Brown, Defendant Below/Appellant, in the Justice of the Peace Court 

#J0608072812, 2006. In that proceeding, the Justice of the Peace Court entered 

judgment for Michael Brown for $7,298.33, plus a per diem and post-judgment 

interest. 
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2. On June 4, 2013, Lucile O. Brown and Malcolm D. Brown, Sr., 

brought an action in the Justice of the Peace Court (Docket # JP13-13-006961) for 

failure of Michael Brown to satisfy the judgment after they paid the judgment. There 

is no dispute that the 2006 Judgment was paid. 

3. On December 16, 2013, the Justice of the Peace Court found for the 

Plaintiffs Lucile O. Brown and Malcolm D. Brown, Jr., concluding that defendant 

Michael Brown failed to timely file a “Satisfaction of Judgment,” as required by 10 

Del. C. 9567. The Court entered an award of $3,684.16 on the judgment. 

4. Thereafter, Michael Brown on December 26, 2013 filed a motion in 

the Justice of the Peace Court seeking relief from the Judgment entered on December 

16, 2013. 

5. The motion docketed in the Justice of the Peace Court on December 

26, 2013, provided in section “A” Type of relief requested: “I would like to request a 

new trial.”1

6. The motion seeking relief was heard by the Justice of the Peace Court 

on January 17, 2014. The Court analyzed the motion under Justice of the Peace 

Court’s Civil Rule 60 “Relief from Judgment or Order. 

7. On January 28, 2014, the Justice of the Peace Court entered a written 

order denying Michael Brown’s motion under its Civil Rule 60. 

8. On January 24, 2014, Michael Brown filed this appeal in Court of 

Common Pleas, in and for New Castle County. 

 

1

 Attached application for a motion hearing. 
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9. The provisions of 10 Del. C. 9571 provide an appeal in civil matters 

must be taken within 15 days of the final order, ruling or judgment. 

10. In the Justice of the Peace Court, the judgment for Lucile O. Brown 

and Malcolm D. Brown, Sr. was entered on December 16, 2013. Therefore, the 

period to file an appeal began to run as of the date of this decision. However, on 

December 26, 2013, Michael Brown filed his motion for a new trial. While the 

Justice of the Peace Court analyzed the motion under its Civil Rule 60 “Relief from 

Judgment or Order”, it is clearly stated in the filing, Brown was seeking a new trial. 

11. The statutory language which requires that all appeals to be filed within 

15 days is jurisdictional. However, the time period to file is tolled by a motion for 

reargument or a motion for a new trial. Wilson v. Mackiewicz, 2003 WL 21741531 

(Del. Super). 

12. Michael Brown’s motion for a new trial tolled the time to file the 

appeal until the Justice of the Peace Court decided the motion. The motion was 

heard on January 17, 2014, and the order was entered on January 28, 2014. 

13. The appeal was docketed January 24, 2014. While it was filed before 

the written order of the Court, it was after the hearing and within the 15-day statutory 

period. 

 
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Accordingly, I conclude the appeal is properly before the Court. The 

case will be scheduled for trial. 

 SO ORDERED 

 ______________________________ 

 Alex J. Smalls 

 Chief Judge 

Brown v Brown-ORD Sep 2014