S. Ct. Civ. No. 2017-0052

In a proceeding alleging wrongful discharge from employment, in which the Superior Court reversed a default judgment and remanded the proceeding to an Administrative Law Judge with the Department of Labor, specifying a particular standard of review for relief from a default judgment, there is no appellate jurisdiction over the former employee's appeal because he is challenging an interlocutory order that does not fall under any of the statutory exceptions set forth in 4 V.I.C. § 33, and does not meet the requirements for application of the collateral order exception to the final judgment rule. While the collateral order doctrine may apply to the Government, the Government did not appeal the order, and states only that it inadvertently failed to file the notice of appeal. The Government has identified no extenuating circumstances that warrant waiver of the Rule 5(a)(3) timeliness requirement by granting its motion to allow a notice of appeal filed 62 days out of time, in the interest of justice based on prejudice, merits, willfulness, and extraordinary circumstances. The Government's motion is denied, and the former employer's motion to dismiss this appeal for lack of jurisdiction is granted.