Lauren Richardson Case

The first appellate brief should be filed today in the Lauren Richardson case. This, of course, assumes that my math is right. It is probable that I have overlooked some special Delaware ways to count holidays or weekends.

The Delaware Chancery Court Master issued his decision on January 24th. Assuming one day for notice to the appealing party (the father), the seven day period for taking exception ran on February 1, and the twenty day period for filing a brief runs today. (See Chancery Rule 144.)

There is one thing that I had not appreciated before looking at the local rules of procedure. Since the initital decision was from a Master, the next level of review is to the Court of Chancery. That review is de novo. That is significant because while the Master wrote a lucid and compelling opinion, it is a close call whether the mother's evidence of Lauren's wishes meets the "clear and convincing" standard. A judge owing no deference to the factual determinations of the Master might reach a different conclusion.