POLLARD v. THE PLACERS, INC.

No. 363, 1996.

692 A.2d 879 (1997)

Kathleen S. POLLARD, Plaintiff Below, Appellant, v. THE PLACERS, INC., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: March 21, 1997.

Rehearing Denied April 22, 1997.


Attorney(s) appearing for the Case

Harvey Bernard Rubenstein, Wilmington, for Appellant.

Natalie S. Wolf, Young, Conaway, Stargatt & Taylor, Wilmington, for Appellee.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT, and BERGER, JJ., constituting the Court en Banc.


WALSH, Justice:

In this appeal from the Superior Court, we consider an issue raised by this Court, sua sponte: whether an award of counsel fees to a claimant incident to a remand to the Industrial Accident Board for further proceedings is an appealable judgment. We conclude that such an award, although creating a fixed entitlement, is an interlocutory order, not appealable as a matter of right. Accordingly, we dismiss the appeal without prejudice.

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