{
  "id": 2643026,
  "name": "IN THE MATTER OF: DAVID A. BROWNING, Appellee, and WILKIE CONSTRUCTION COMPANY, INC., Employer, and EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA, Appellant",
  "name_abbreviation": "In re Browning",
  "decision_date": "1981-03-03",
  "docket_number": "No. 8029SC681",
  "first_page": "161",
  "last_page": "163",
  "citations": [
    {
      "type": "official",
      "cite": "51 N.C. App. 161"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "68 S.E. 2d 311",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1951,
      "opinion_index": 0
    },
    {
      "cite": "234 N.C. 651",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8625437
      ],
      "year": 1951,
      "opinion_index": 0,
      "case_paths": [
        "/nc/234/0651-01"
      ]
    }
  ],
  "analysis": {
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    "pagerank": {
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      "percentile": 0.7784185487261999
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    "sha256": "a32f104ee6dcd71436870c6d839daea5fddfaa763ec6d734d0c66b81474c0d79",
    "simhash": "1:e113a43333e236ba",
    "word_count": 698
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  "last_updated": "2023-07-14T20:24:29.581265+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Martin (Robert M.) and Clark concur."
    ],
    "parties": [
      "IN THE MATTER OF: DAVID A. BROWNING, Appellee, and WILKIE CONSTRUCTION COMPANY, INC., Employer, and EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA, Appellant"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Judge.\nThis is an appeal by the Employment Security Commission from an order of Judge Howell entered on 15 April 1980. G.S. \u00a7 96-15 in pertinent part provides:\n(h) Appeal to Courts. \u2014 Any decision of the Commission [Employment Security Commission], in the absence of an appeal therefrom as herein provided, shall become final 10 days after the date of notification or mailing thereof, and judicial review thereof shall be permitted only after any party claiming to be aggrieved thereby has filed notice of appeal with the Commission within such 10-day period and exhausted his remedies before the Commission as provided by this Chapter. ...\n(i) Appeal Proceedings. \u2014 The decision of the Commission shall be final, subject to appeal as herein provided. Within 10 days after the decision of the Commission has become final, any party aggrieved thereby who has filed notice of appeal within the 10-day period as provided by G.S. 96-15 (h) may appeal to the superior court of the county of his residence. ... In every case in which appeal is demanded, the appealing party shall file a statement with the Commission within the time allowed for appeal, in which shall be plainly stated the grounds upon which a review is sought and the particulars in which it is claimed the Commission is in error with respect to its decision. ...\nThe requirements of G.S. \u00a7 96-15(h) and (i) are mandatory and not directory; they are conditions precedent to obtaining judicial review and failure to comply with them requires dismissal. In re State ex rel. Employment Security Commission, 234 N.C. 651, 68 S.E. 2d 311 (1951).\nThe record before us discloses that the decision of the Employment Security Commission affirming the decision of the appeals referee in denying claimant unemployment insurance benefits was mailed to the claimant on 17 September 1979. The record further discloses the following letter, received by the Commission on 2 October 1979:\nDavid A. Browning\nRt 2 Box 278\nNebo, NC 28761 Rt 2 Box 278\nS.S. No. [ XXX-XX-XXXX ] Nebo, N.C. 28761\nWilkie Const. Co. Claims No. 16342\nP.O. Box 997, Lenoir N.C. Appeals Docket No.\n28645 Xl-Ul-8675\nEmployment Security Comm.\nRaleigh, N.C.\nTo Whom It May Concern:\nWould like to give notice of Appeal, of the Dicision [sic] made in your your [sic] letter mailed September 17, 1979\nDavid A. Browning\nLikewise, the record shows that by letter dated 5 October 1979, received by the Commission on 8 October 1979, the claimant basically gave his \u201cgrounds\u201d for appeal. The record before us conclusively discloses that the claimant did not comply with the provisions of G.S. \u00a7 96-15(h) and (i) in giving his notice of appeal and stating the grounds thereon within ten days of the \u201cnotification or mailing\u201d of the Commission\u2019s decision. Thus the Superior Court had no authority to entertain the appeal and enter its order reversing the decision of the Commission.\nThe order of the Superior Court is vacated and the cause is remanded to the Superior Court for the entry of an order dismissing the appeal of claimant from the decision of the Commission mailed 17 September 1979. The costs of the appeal to this Court will be taxed against the Employment Security Commission.\nVacated and remanded.\nJudges Martin (Robert M.) and Clark concur.",
        "type": "majority",
        "author": "HEDRICK, Judge."
      }
    ],
    "attorneys": [
      "Kyle D. Austin, for the claimant appellee.",
      "Staff Attorney Gail C. Arneke, for the appellant Employment Security Commission."
    ],
    "corrections": "",
    "head_matter": "IN THE MATTER OF: DAVID A. BROWNING, Appellee, and WILKIE CONSTRUCTION COMPANY, INC., Employer, and EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA, Appellant\nNo. 8029SC681\n(Filed 3 March 1981)\nMaster and Servant \u00a7 111- Employment Security Commission - appeal from decision not timely\nThe superior court had no authority to entertain claimant\u2019s appeal and enter its order reversing the decision of the Employment Security Commission denying claimant unemployment insurance benefits, since claimant did not comply with the provisions of G.S. 96-15(h) and (i) in giving his notice of appeal and stating his grounds therefor within ten days of the notification or mailing of the Commission\u2019s decision.\nAppeal by the Employment Security Commission of North Carolina from Howell, Judge. Order entered 15 April 1980 in Superior Court, McDowell County. Heard in the Court of Appeals 5 February 1981.\nKyle D. Austin, for the claimant appellee.\nStaff Attorney Gail C. Arneke, for the appellant Employment Security Commission."
  },
  "file_name": "0161-01",
  "first_page_order": 189,
  "last_page_order": 191
}