Opinion
C.A. No. S10A-01-004-ESB Letter Opinion.
Date Submitted: September 15, 2010.
November 22, 2010.
Todd A. Boone, Millsboro, DE.
Margaret M. DiBianca, Esquire, Lauren E. Moak, Esquire, Wilmington, DE.
Dear Mr. Boone and Counsel:
This is my decision on Todd A. Boone's appeal of the Unemployment Insurance Appeal Board's denial of his claim for unemployment benefits. Boone was employed by the Lewes Auto Mall as an auto body technician from August 10, 2008 to June 17, 2009. He filed a claim for unemployment benefits on June 18, 2009. Boone argued that he was terminated. The Lewes Auto Mall argued that Boone voluntarily quit his job without good cause. The Claims Deputy, Appeals Referee and Board all ruled in favor of the Lewes Auto Mall. The Board issued a written decision and mailed it to Boone on December 22, 2009. Boone filed his appeal with this Court on January 12, 2010.
Boone filed his appeal too late. He had 10 days to file his appeal with this Court. 19 Del.C. § 3323(a) states that "[w]ithin 10 days after the decision of the Unemployment Insurance Appeal Board has become final, any party aggrieved thereby may secure judicial review thereof by commencing an action in the Superior Court . . ." The 10 day time period for filing an appeal is jurisdictional. The Board mailed its written decision to Boone on December 22, 2009. Boone had to file his appeal by January 1, 2010. He did not file his appeal until January 12, 2010. Boone filed it 11 days too late. His failure to file his appeal within the mandatory time period not only acted as a waiver by Boone of his right to appeal the Board's decision, but it also divested this Court of its jurisdiction to hear his appeal. Therefore, I have dismissed, as untimely, Todd A. Boone's appeal of the Unemployment Insurance Appeal Board's denial of his claim for unemployment benefits.
See Draper King Cole v. Malave, 743 A.2d 672, 673 (Del. 1999) ("The timely filing of an appeal is mandatory and jurisdictional. The appellate jurisdiction of a court cannot be invoked or properly exercised unless an appeal is perfected within the time period fixed by law.") (citations omitted).