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Imbragulio v. Unemployment Insurance Appeals Board

Supreme Court of Delaware

December 4, 2019

ELIZABETH IMBRAGULIO, Appellant/Cross-Appellee,
v.
UNEMPLOYMENT INSURANCE APPEALS BOARD, Cross-Appellant,
v.
CIVIC HEALTH SERVICES, LLC, Appellee/Cross-Appellee.

         Submitted September 6, 2019.

         

          Case Closed December 20, 2019.

Page 876

          Court Below— Superior Court of the State of Delaware. C.A. No. S19A-01-001.

         COUNSEL:

          Elizabeth Imbragulio, Pro se, Seaford, Delaware.

          Tasha Marie Stevens, Esquire, Fuqua, Willard, Stevens & Schab, P.A., Georgetown, Delaware, Counsel for Appellee/Cross-Appellee.

          Daniel C. Mulveny, Esquire, Department of Justice, Wilmington, Delaware, Counsel for Cross-Appellant.

          Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.

         OPINION

Page 877

         TRAYNOR, Justice:

          Elizabeth Imbragulio appeals the Superior Court's May 1, 2019 decision that reversed the decision of the Unemployment Insurance Appeals Board (" the Board" ) and concluded that she had been terminated for just cause by her employer, Civic Health Services, LLC (" Civic Health" ). The Board cross-appeals, arguing that the Superior Court lacked jurisdiction to consider Civic Health's appeal in the first instance because it was not filed in a timely manner. In brief, the issue raised by the cross-appeal is whether Superior Court Civil Rule 6(a) 's method for computing time applies to the requirement in 19 Del. C. ยง 3323(a) that a party seeking judicial review of a decision by the Board must do so within ten days after the decision becomes final. After careful consideration, we agree with ...


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