Supreme Court of Delaware

Imbragulio v. Uiab

December 4, 2019

Summary

The Court held that the Superior Court lacked subject matter jurisdiction over the employer's appeal because the appeal was filed sixteen calendar days after the Board's decision became final, beyond the statutory ten-day period. Superior Court Civil Rule 6(a)'s exclusion of intermediate weekends and holidays does not alter the jurisdictional deadline, and the untimeliness was not excused by the manner of notice. The Court dismissed the appeal, directed the Superior Court to vacate its judgment, and left the Board's decision final.