In Benge v. Oak Grove Motor Court, Inc., read opinion here, the Chancery Court addressed a rather unusual issue: What is the deadline to transfer a case to the proper court when the case was dismissed for lack of subject matter jurisdiction–but was appealed without a stay of the order being in place? That is, does the appeal automatically toll the normal deadline of 60 days within which the transfer must be made?
Bottom line: the court did not need to decide the issue directly but offered this guidance for anyone whose case is dismissed from Chancery Court due to lack of subject matter jurisdiction, and wants to know when the transfer to (usually ) Superior Court should be made:
… any party seeking review of a dismissal for lack of a subject matter jurisdiction is best advised to seek a stay pending the determination of whether interlocutory review will be granted. This decision only addresses when the 60-day clock runs in a situation when the Supreme Court has decided to review the merits of a trial court’s determination that it lacked subject matter jurisdiction.