Sherry Long v. State of Delaware, CPU4-16-000917

Background

Long received unemployment benefits in 2012 and extensions, later found disqualified by the Division; she did not timely appeal the disqualification.
The Division issued overpayment determinations totaling $10,116.00 for two periods in 2012; Long appealed to an Appeals Referee and then to the Unemployment Insurance Appeals Board, which affirmed.
Long filed a Superior Court appeal but failed to prosecute; the Superior Court dismissed the appeal, making the Board's decision final.
The Division recouped $1,367 through administrative offsets and sued Long in Justice of the Peace Court to recover the remaining overpayment; J.P. Court entered judgment for the Division for $8,829 plus costs.
Long appealed to the Court of Common Pleas; the Division moved for summary judgment arguing the Court has jurisdiction to enter judgment on a debt arising from a final administrative order under 19 Del. C. § 3325.
The Common Pleas granted summary judgment, holding (1) the APA does not govern this debt-collection action, (2) Section 3325 permits civil actions in any court of competent jurisdiction, and (3) Long’s remedy to challenge the underlying administrative determination was the Superior Court appeal she abandoned.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Court of Common Pleas (and Justice of the Peace Court) has jurisdiction to hear a debt-collection action based on a final Board overpayment determination	Section 3325 authorizes the Division to bring a "civil action in a court of competent jurisdiction" to collect overpayments; constitutional jurisdictional limits permit Common Pleas/J.P. involvement	The matter implicates administrative review rights; Long contended she lacked an opportunity to contest disqualification at trial	Court: APA review does not apply; Section 3325's plain language permits collection suits in any court of competent jurisdiction; J.P. and Common Pleas had jurisdiction (amounts under statutory limits)
Whether the Court should treat the action as an appeal of the Board's decision or as a separate debt-collection suit	This is a collection action on a final administrative order, not an appeal; Long's exclusive remedy to contest was a Superior Court appeal, which she abandoned	Long argued she was not afforded the opportunity to argue disqualification under 19 Del. C. § 3314(1) and opposed summary judgment on that basis	Court: The Board's decision was final after dismissal in Superior Court; action is a debt collection, not an APA appeal, so summary judgment appropriate
Whether genuine issues of material fact exist precluding summary judgment	No material factual disputes: the Board's decision is final and the amount owed is established	Long asserted she was prevented from arguing her case earlier but provided no jurisdictional or factual record to defeat summary judgment	Court: No genuine material facts in dispute; summary judgment granted for the Division
Relief and damages available	Division sought principal, interest and costs consistent with statute and judgment	Long counterclaimed to recover withheld benefit reductions ($1,368)	Court: Granted Division judgment for $8,829 principal, post-judgment interest at 18%, costs; denied Long's counterclaim

Key Cases Cited

Ebersole v. Lowengrub, 180 A.2d 467 (Del. 1962) (summary judgment standard and where factual development precludes disposition)
Coastal Barge Corp. v. Coastal Zone Industrial Control Board, 492 A.2d 1242 (Del. 1985) (statutory construction—court must give effect to legislative intent)
In re Adoption of Swanson, 623 A.2d 1095 (Del. 1993) (when statute is unambiguous, courts apply plain meaning)