LexyCorpus case page
CourtListener opinion 9387995
Date unknown · US
- Extracted case name
- pending
- Extracted reporter citation
- pending
- Docket / number
- pending
Machine-draft headnote
Machine-draft public headnote: CourtListener opinion 9387995 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to ERISA / defined contribution issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.
Retrieval annotation
Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.
Category: ERISA / defined contribution issues
Evidence quotes
QDRO“hat: (1) The pro se appellant ("Husband") filed this appeal from a Family Court order, dated November 30, 2022, that dismissed Husband's petition for a rule to show cause concerning a dispute regarding whether the appellee ("Wife") was required to sign a qualified domestic relations order dividing her 401(k) account. The Family Court scheduled a case management teleconference for October 30, 2022. The notice of the conference directed the parties to provide the court with a 1 The Court previously assigned pseudonyms to the parties pursuant to Supreme Court Rule 7(d). phone number where they could be reached for the teleconference. Wife'”
401(k)“d this appeal from a Family Court order, dated November 30, 2022, that dismissed Husband's petition for a rule to show cause concerning a dispute regarding whether the appellee ("Wife") was required to sign a qualified domestic relations order dividing her 401(k) account. The Family Court scheduled a case management teleconference for October 30, 2022. The notice of the conference directed the parties to provide the court with a 1 The Court previously assigned pseudonyms to the parties pursuant to Supreme Court Rule 7(d). phone number where they could be reached for the teleconference. Wife's counsel complied”
domestic relations order“The pro se appellant ("Husband") filed this appeal from a Family Court order, dated November 30, 2022, that dismissed Husband's petition for a rule to show cause concerning a dispute regarding whether the appellee ("Wife") was required to sign a qualified domestic relations order dividing her 401(k) account. The Family Court scheduled a case management teleconference for October 30, 2022. The notice of the conference directed the parties to provide the court with a 1 The Court previously assigned pseudonyms to the parties pursuant to Supreme Court Rule 7(d). phone number where they could be reached for the teleconference. Wife'”
Source and provenance
- Source type
- courtlistener_qdro_opinion_full_text
- Permissions posture
- public
- Generated status
- machine draft public v0
- Review status
- gold label pending
- Jurisdiction metadata
- US
- Deterministic extraction
- pending
- Generated at
- May 14, 2026
Related public corpus pages
Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.
Clean opinion text
IN THE SUPREME COURT OF THE STATE OF DELAWARE
GRANT BELL,1 §
§ No. 486, 2022
Petitioner Below, §
Appellant, § Court Below—Family Court
§ of the State of Delaware
v. §
§ File No. CN19-04920
HAZEL MOORE, § Petition No. 22-20359
§
Respondent Below, §
Appellee. §
Submitted: April 18, 2023
Decided: April 18, 2023
Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.
ORDER
After consideration of the appellee's motion for remand, it appears to the
Court that:
(1) The pro se appellant ("Husband") filed this appeal from a Family Court
order, dated November 30, 2022, that dismissed Husband's petition for a rule to
show cause concerning a dispute regarding whether the appellee ("Wife") was
required to sign a qualified domestic relations order dividing her 401(k) account.
The Family Court scheduled a case management teleconference for October 30,
2022. The notice of the conference directed the parties to provide the court with a
1
The Court previously assigned pseudonyms to the parties pursuant to Supreme Court Rule 7(d).
phone number where they could be reached for the teleconference. Wife's counsel
complied with that direction; Husband did not. Based on Husband's failure to
provide a phone number for the teleconference, the Family Court entered an order
dismissing Husband's petition with prejudice.
(2) Husband has filed his opening brief in this appeal from the Family
Court's order. He argues that the Family Court erred by (i) dismissing his petition
for his inadvertent failure to provide a phone number for the teleconference and (ii)
giving the dismissal prejudicial effect without "determin[ing] after a hearing," that
Husband's intent in filing the petition "was to harass or annoy or for other good
cause shown," as required by Family Court Rule of Civil Procedure 41(b)(1).2
(3) On April 4, 2023, Wife, through counsel, filed a motion for remand. In
the motion, Wife concedes that dismissal with prejudice was contrary to Family
Court Rule of Civil Procedure Rule 41(b)(1). Wife states that further proceedings
in the appeal should result in either vacatur of the dismissal order or reversal of the
prejudicial effect of the dismissal order, either of which will require the Family Court
to address the dispute regarding the 401(k) on the merits. Wife therefore contends
that "[r]emand—rather than full . . . briefing on what is effectively a moot issue—is
in the interests of the judicial economy of this Court and the Family Court as well as
2
The Family Court's November 30, 2022 order also addressed certain matters other than the 401(k)
issue. Husband's opening brief does not assert any claims of error as to the Family Court's
resolution of those matters.
2
the parties' personal economy." Husband has not responded to the motion for
remand.
(4) In light of Wife's concession that dismissal with prejudice was in error
and that resolution of this matter on the merits by the Family Court is appropriate—
and in the absence of any opposition from Husband to the motion for remand—we
conclude that the matter should be remanded to the Family Court for further
proceedings.
NOW, THEREFORE, IT IS ORDERED that the motion for remand is
GRANTED. The matter is REMANDED to the Family Court for further
proceedings consistent with this order. Jurisdiction is not retained.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Chief Justice
3