Opinion
C.A. No. 00A-07-003 RRC.
Submitted: December 5, 2000.
Decided: January 12, 2001.
Upon appeal from the Unemployment Insurance Appeal Board. Dismissed and Remanded.
ORDER
1. Upon consideration of Employee's appeal from the Unemployment Insurance Appeal Board in the above captioned matter, it appears to the Court that this appeal is interlocutory since Employee is not appealing a final decision made on the merits of this case. Employer failed to appear at the hearing scheduled before the Board on May 25, 2000 due to apparent improper notice given to Employer by the Board of a different hearing date (September 24, 2000). As a result, the Board dismissed the case for Employer's perceived failure to prosecute. Employer then sent a letter requesting a rehearing date based upon the improper notice Employer received. In a decision dated June 14, 2000, the Board deemed Employer's failure to attend the May 25, 2000 hearing excusable neglect and advised that it would set a new hearing. Thus, a final hearing has not been held before the Board. Employee now appeals the Unemployment Insurance Appeal Board's decision to grant Employer a motion for a rehearing. Employee's claim therefore has not been decided on the merits. An appeal of the Board's June 14, 2000 decision is interlocutory and thus not appealable to this Court.
See Phillips v. Gunby, 31 Harr. 462, 117 A. 383, 388 (1921) (holding that a decision on the merits means "the strict legal rights of the parties, as distinguished from mere questions of practice and matters depending on the discretion or favor of the court, whether or not such rights relate directly to the cause of action or subject-matter.")
This Court has previously held that "the [Unemployment Insurance] Board retains jurisdiction [of a matter] until [the Board's] decision becomes final." Henry v. Department of Labor, Del. Super., 293 A.2d 578 (1972).
Phillips supra.
2. Pursuant to Superior Court Rule 72(i), the above captioned appeal is dismissed and remanded back to the Unemployment Insurance Appeal Board for further proceedings as it deems necessary.
IT IS SO ORDERED.