Motion for Reargument Untimely Appeal
Case law provides "A motion for reargument is the proper device for seeking reconsideration by a trial court of its findings of fact, conclusions of law, or judgment, after a nonjury trial, and it has the effect of tolling the time for appeal to the Supreme Court." Miroslaw E. Kostyshyn v. Brookdale Farms Civic Association, Del. Supr (1993); Hessler, Inc. v. Farrell, Del. Supr., 260 A.2d 701, 702 (1969);
"However, this assumes that the motion itself is timely filed." See, e.g., Fisher v. Biggs, Del. Supr., 284 A.2d 117, 118 (1971).
See, also, Preform Bldg. Components, Inc. v. Edwards, Del. Supr., 280 A.2d 697, 698 (1971) (timely motion to alter or amend the judgment tolls the running of the appeal period)."