Latocha v. D.O. W. Finance Corp
In Latocha v. D.O. W. Finance Corp., 1999 WL 1847335 (Del. Com. Pl. Mar. 29, 1999) the appellant failed to file a transcript from the Justice of the Peace within ten days of the notice of appeal in accordance with Common Pleas Civil Rule 72.3(b).
The failure to adhere to the ten day rule for filing a certified copy of the record is not a jurisdictional bar. The failure to file the record results in a non-issuance of process under Rule 72.3(b).
Although a Rule 60(b) analysis based on excusable neglect may be applicable to the failure to file a transcript, this analysis is not relevant to the timely filing of an appeal under Sec. 9571(a).