Rule 72.3(a) states that "...an action is commenced in the Court of Common Pleas by the appellant filing with the Clerk of the Court a notice of appeal within the time prescribed by statute for the filing of an appeal". The applicable provisions of the relevant Court Rules are herein set forth. CCP Rule 72.1(c), as well as an extract from Supreme Court Rule 7, are also set forth for comparison with CCP Rule 72.3 (a): SUPERIOR COURT CIVIL RULE 3 (applicable prior to January 15, 1995) (c) Appeals de novo. When an appeal de novo is permitted by law, an action is commenced in the Superior Court by the appellant filing with the Prothonotary a praecipe within the time prescribed by statute for the filing of an appeal. If no time is prescribed by statute, the praecipe shall be filed within 15 days from the entry of the final judgment, order, or disposition from which an appeal is permitted by law. When the appellant is the party having the duty of filing the complaint or other first pleading on appeal, the appellant shall file such pleading with praecipe. When the appellee is the party having the duty of filing the complaint or other first pleading on appeal, the appellee shall serve a copy of such pleading within 20 days after service of the process on appeal, or if appellee has not been served, within 40 days after the date of the process, and thereafter the pleadings shall proceed as in other actions. CCP CIVIL RULE 72.3 Appeals de Novo (effective February 24, 1997) (a) Appeals de novo. When an appeal de novo is permitted by law, an action is commenced in the Court of Common Pleas by the appellant filing with the Clerk of the Court a notice of appeal within the time prescribed by statute for the filing of an appeal. If no time is prescribed by statute, the notice of appeal shall be filed within 15 days from the entry of the final judgment, order, or disposition from which an appeal is permitted by law. When the appellant is the party having the duty of filing the complaint or other first pleading on appeal, the appellant shall file such pleading with the notice of appeal and a praecipe. When the appellee is the party having the duty of filing the complaint or other first pleading on appeal, the appellee shall serve a copy of such pleading within 20 days after service of the process on appeal, and thereafter the pleading shall proceed as in other actions. CCP CIVIL Rule 72.1. Appeals from the Department of Public Safety. (c) Notice of appeal. the notice of appeal shall specify the parties taking the appeal, shall designate the order, award, determination, or decree, or part thereof appealed from shall state the grounds of the appeal; shall name the Court to which the appeal is taken; and shall be signed by the attorney for the appellants. .... SUPREME COURT RULE 7 (a) Notice of appeal.... (b) Form of Notice of Appeal... the notice of appeal or cross-appeal shall: (3) Judgment reviewed. Designate the judgment or order, or part thereof, sought to be reviewed and the date thereof.... A. Pre-1991 Provisions: 9570. Right to appeal. (a) a party against whom a judgment is given by a justice of the peace may appeal to the Superior Court if the judgment is given without a referee trial, and the amount exceeds $5, exclusive of costs. (b) a plaintiff or defendant, as the case may be, may appeal to the Superior Court on a judgment given by a justice of the peace, if the judgment is given without a referee trial, and any part of the plaintiff's demand, or the defendant's counterclaim or setoff, exceeding $5 is disallowed or defalked. 9571. Time for appeals, security. (a) An appeal shall be allowed by the justice at any time within 15 days from the day of giving the judgment and not after, counting that day as one, upon the party entitled to the appeal or his agent or attorney praying it. (b) the party appealing shall offer security in such sum as the justice deems sufficient to cover the judgment appealed from and the costs on the appeal. (c) An appeal shall be allowed to executors or administrators without security. (d) When the plaintiff is the appellant and no counterclaim is involved, such plaintiff need offer no security to cover the judgment appealed from or the costs; provided, that the costs of the proceedings before the justice are paid before the appeal is taken and the advance deposit for costs provided in the Superior Court Rules is made. 9572. Entry of Security on Appeal (Repealed) (a) (omitted) (b) (omitted) 9573. Proceedings on appeal. (a) the appellant shall have his appeal entered in the Superior Court of the county where the judgment was given within the time and in the manner provided by the rules of that Court, and the Prothonotary shall docket the action and issue process in accordance with the rules of the Court. When the appeal is entered, the Superior Court shall have jurisdiction and take cognizance thereof, and the pleadings and proceedings thereafter shall be as in other civil actions commenced in the Court, except as otherwise provided in this section. (b) (omitted) (c) (omitted) (d) (omitted) B. Current Provisions: 9570. Right to appeal (Unchanged except for Court designation) (a) a party against whom a judgment is given by a justice of the peace may appeal to the Court of Common Pleas if the judgment is given without a referee trial, and the amount exceeds $5, exclusive of costs. (b) a plaintiff or defendant, as the case may be, may appeal to the Court of Common Pleas on a judgment given by a justice of the peace if the judgment is given without a referee trial, and any part of the plaintiffs demand, or the defendant's counterclaim or setoff, exceeding $5 is disallowed or defalked 9571. Appeal in civil actions (a) from any final order, ruling, decision or judgment of the court in a civil action there shall be the right of appeal to the Court of Common Pleas of the State in the county in which said order, ruling, decision or judgment was rendered. (emphasis added) (b) the appeal shall be taken within 15 days of the final order, ruling, decision or judgment. (emphasis added) (c) the appeal shall be a trial de novo. (emphasis added) (d) the Court of Common Pleas shall establish appeal procedures and supersedeas bond requirements by rule. 9572. Proceedings on appeal (Unchanged except for Court designation) (a) the appellant shall have the appellant's appeal entered in the Court of Common Pleas of the county where the judgment was given within the time and in the manner provided by the rules of that Court, and the Clerk of Court shall docket the action and issue process in accordance with the rules of the Court. When the appeal is entered, the Court of Common Pleas shall have jurisdiction and take cognizance thereof, and the pleadings and proceedings thereafter shall be as in other civil actions commenced in the Court, except as otherwise provided in this section. In Ney v. Polite, the appellant, plaintiff below, filed suit in the Justice of the Peace Court alleging a debt owed by defendant for work performed and materials delivered. Defendant filed a demand for a bill of particulars. Plaintiff answered the demand and defendant filed his answer and a counterclaim. Neither plaintiff nor his attorney appeared for trial and the Justice of the Peace entered a nonsuit on plaintiff's claim and a default judgment against plaintiff on defendant's counterclaim. Plaintiff filed a timely application to vacate the judgments pursuant to 10 Del.C., 9538 and Rule 20(b), which the Justice of the Peace denied after a hearing. Plaintiff then gave the Justice of the Peace notice of appeal to the Superior Court. The Justice of the Peace refused to allow the appeal on the ground that it was not timely filed, i. e., more than fifteen days having elapsed from the date of entry of the nonsuit and default judgments. Delaware Laws, Chapter 423, effective January 15, 1995 transferred jurisdiction from the Superior Court to the Court of Common Pleas over appeals from the Justice of the Peace Courts. Although the Court of Common Pleas Rule does not contain a provision for the type or limited review on appeal authorized by Ney v. Polite nor provide for a Notice of Appeal tailored to provide notice of the nature of the proceedings (see e.g.. Rule 72.1(c) and Supreme Court Rule 7), the rule does provide guidance on how to commence such a proceeding.