Opinion
Docket No. 61, 1999.
March 16, 1999.
Appeal from Superior Court, Kent County, CA 97C-09-005.
APPEAL REFUSED.
Unpublished Opinion is below.
JOHN KEELER, Plaintiff Below-Appellant, v. METAL MASTERS FOODSERVICE EQUIPMENT CO., INC., a Delaware corporation, Defendant Below-Appellee. No. 61, 1999. In the Supreme Court of the State of Delaware. Submitted: February 17, 1999. Decided: March 16, 1999.
Court Below: Superior Court of the State of Delaware, in and for Kent County, C.A. No. 97C-09-005.
Before VEASEY, Chief Justice, WALSH, and BERGER, Justices.
ORDER
This 16th day of March 1999, it appears to the Court that:
(1) The Superior Court of the State of Delaware certified three questions of law to this Court in accordance with Delaware Constitution article IV, § 11( 9) and Supreme Court Rule 41. By order dated February 16, 1999, the following questions have been certified:
(i) Whether the unappealed portions of an award of the Industrial Accident Board can become final during the pendency of an appeal?
(ii) Whether a remand order from an appellate court may exceed the scope of a limited appeal from a decision of the Industrial Accident Board, such that the unappealed portions of the award are subject to reconsideration by the Industrial Accident Board at the remand rehearing?
(iii) Whether a remand order from an appellate court may be more restrictive than the scope of an appeal, thereby preventing the Board from considering certain issues raised on appeal?
(2) Supreme Court Rule 41 provides, in part, that certification will be accepted by this Court only if there are "important and urgent reasons for an immediate determination by this Court of the questions certified." Supr. Ct. R. 41(b).
(3) The Court has considered the questions certified and the particular circumstances of this case and has determined that important and urgent reasons do not exist to justify deviating from the ordinary appellate process available to the parties in this case. Consequently, certification of the questions of law is not appropriate in this case pursuant to Supreme Court Rule 41.
NOW, THEREFORE, IT IS ORDERED that the questions of law certified by the Superior Court of the State of Delaware are hereby REFUSED.
BY THE COURT:
/s/ Carolyn Berger __________________ Justice