Del. C. » Title 10 — Courts and Judicial Procedure · Organization, Powers, Jurisdiction and Operation of Courts · CHAPTER 13. The Court of Common Pleas for the State of Delaware · Subchapter III. Jurisdiction and General Powers
Delaware Code

10 Del. C. § 1326 (2026)

Appeal in civil actions

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(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 Superior Court of the State in the county in which said order, ruling, decision or judgment was rendered.

(b) The appeal shall be taken within 30 days of the final order, ruling, decision or judgment.

(c) The appeal shall be reviewed on the record and shall not be tried de novo.

(d) The Superior Court shall establish appeal procedures and supersedeas bond requirements by rule.

10 Del. C. 1953, §  1318;  59 Del. Laws, c. 133, §  1;  68 Del. Laws, c. 53, §  3;  69 Del. Laws, c. 426, §  1; 
Notes of Decisions
Cited in 25 cases (12 in the last 5 years), 2000–2025 · leading case: Silvious v. Conley, 775 A.2d 1041 (Del. 2001).
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Silvious v. Conley, 775 A.2d 1041 (Del. 2001). “Rule 72(c) states as follows: 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;…”
Allstate Ins. v. Rossi Auto Body, Inc., 787 A.2d 742 (Del. Super. Ct. 2000). “10 Del.C. § 1326. . Del.Super., 528 A.2d 1199 (1987).”
Fowler v. Pratcher Krayer, LLC, No. N19A-08-002 DCS, 2020 WL 2520273 (Del. Super. Ct. May 18, 2020). · cites it 4× “See also Anderson v. R.A. Midway Towing, 2006 WL 1971806 , *2 (Del.”
Jones v. Cowan, No. K23A-07-001 NEP (Del. Super. Ct. Jan. 30, 2024). · cites it 3× “Pursuant to 10 Del. C. § 1326(a), “[f]rom any final order, ruling, decision or judgment of the court in a civil action there shall be the right of appeal to the Superior Court of the State in the county in which said order, ruling decision or judgment was rendered.”
Tigani v. Fisher Dev. Co., No. N21A-05-001 CEB (Del. Super. Ct. Apr. 6, 2022). · cites it 2× “§ 1326(c) (1994) (limiting this Court’s review to “the record” below).”
Swen v. Goodville Mut. Cas. Co., No. N25A-03-001 CLS (Del. Super. Ct. Aug. 14, 2025). · cites it 2× “’”7 Under 10 Del. C. § 1326, parties may appeal final judgments from the Court of Common Pleas to the Superior Court on the record.”
Milbourne v. Swinton, No. N24A-12-003 KMV (Del. Super. Ct. Oct. 30, 2025). · cites it 2× “STANDARD OF REVIEW Under 10 Del. C. § 1326, parties may appeal final judgments from the Court of Common Pleas to the Superior Court on the record.”
Keuhn v. Cotter, No. N14A-12-001 (Del. Super. Ct. Dec. 17, 2015). · cites it 2× “Pursuant to 10 Del. C. § 1326, unsuccessful civil litigants in the Court of Common Pleas may appeal to this Court.”
Miller v. Onix Silverside, LLC, No. N15A-03-009 AML (Del. Super. Ct. Aug. 26, 2016). ““[T]o find reversible error in an evidentiary ruling, [the Court] must find not only error in the ruling, but that a “substantial right of the party is af`fected.”
Jones v. Delaware Transit Corp., No. N15A-10-011 AML, 2016 WL 5946494 (Del. Super. Ct. Oct. 13, 2016). “22 10 Del. C. § 1326; super. Ct. Civ. R. 72(g).”
Riley v. New Castle Auto Auction & Consignments, Inc., No. N15A-12-005 JAP (Del. Super. Ct. Nov. 21, 2016). “The trial judge then wrote “[t]he Court shall then issue a separate written decision on the amount of attorney’s fees.”
Rudenberg v. Chief Deputy Attorney Gen. of the Delaware Dep't of Just., No. N16A-02-006 RRC (Del. Super. Ct. Dec. 30, 2016). “1996); 10 Del. C. § 1326(c). 37 29 Del. C. § 10142.”
Show all 25 citing cases →
10 Del. C. § 1326(a): 4 cases
Fowler v. Pratcher Krayer, LLC, No. N19A-08-002 DCS, 2020 WL 2520273 (Del. Super. Ct. May 18, 2020). “See also Anderson v. R.A. Midway Towing, 2006 WL 1971806 , *2 (Del.”
Jones v. Cowan, No. K23A-07-001 NEP (Del. Super. Ct. Jan. 30, 2024). “Pursuant to 10 Del. C. § 1326(a), “[f]rom any final order, ruling, decision or judgment of the court in a civil action there shall be the right of appeal to the Superior Court of the State in the county in which said order, ruling decision or judgment was rendered.”
Griffin v. Ramirez, No. N20A-12-006 CEB (Del. Super. Ct. Nov. 30, 2021).
Tigani v. Fisher Dev. Co., No. N21A-05-001 CEB (Del. Super. Ct. Apr. 6, 2022). “§ 1326(c) (1994) (limiting this Court’s review to “the record” below).”
10 Del. C. § 1326(b): 3 cases
Grayson v. Scarborough, 222 A.3d 142 (Del. 2019).
Jones v. Cowan, No. K23A-07-001 NEP (Del. Super. Ct. Jan. 30, 2024). “Pursuant to 10 Del. C. § 1326(a), “[f]rom any final order, ruling, decision or judgment of the court in a civil action there shall be the right of appeal to the Superior Court of the State in the county in which said order, ruling decision or judgment was rendered.”
Snipe v. Boulden Servs., LLC, No. N23A-08-003 JRJ (Del. Super. Ct. Feb. 8, 2024).
10 Del. C. § 1326(c): 7 cases
Rudenberg v. Chief Deputy Attorney Gen. of the Delaware Dep't of Just., No. N16A-02-006 RRC (Del. Super. Ct. Dec. 30, 2016). “1996); 10 Del. C. § 1326(c). 37 29 Del. C. § 10142.”
Fowler v. Pratcher Krayer, LLC, No. N19A-08-002 DCS, 2020 WL 2520273 (Del. Super. Ct. May 18, 2020). “See also Anderson v. R.A. Midway Towing, 2006 WL 1971806 , *2 (Del.”
Tigani v. Fisher Dev. Co., No. N21A-05-001 CEB (Del. Super. Ct. Apr. 6, 2022). “§ 1326(c) (1994) (limiting this Court’s review to “the record” below).”
Meyers v. Chatham Cove Ass'n of Unit Owners, No. K24A-10-002 NEP (Del. Super. Ct. June 24, 2025).
Swen v. Goodville Mut. Cas. Co., No. N25A-03-001 CLS (Del. Super. Ct. Aug. 14, 2025). “’”7 Under 10 Del. C. § 1326, parties may appeal final judgments from the Court of Common Pleas to the Superior Court on the record.”
10 Del. C. § 1326(d): 1 case
Silvious v. Conley, 775 A.2d 1041 (Del. 2001). “Rule 72(c) states as follows: 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;…”
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