RENDERED: January 10, 1997; 2:00 p.m.
NOT TO BE PUBLISHED
NO. 95-CA-1900-MR MARVIN WILLIAMS APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE GEOFFREY P. MORRIS, JUDGE
ACTION NO. 94-CI-005899
KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION, and JEFFERSON COUNTY BOARD OF EDUCATION APPELLEES
OPINION AFFIRMING *** *** *** ***
BEFORE: WILHOIT, Chief Judge, JOHNSON and MILLER, Judges. MILLER, JUDGE: Marvin Williams brings this appeal from a June
12, 1995, order of the Jefferson Circuit Court. We affirm.
On November 7, 1994, appellant--a former employee of the Jefferson County Board of Education--filed a complaint in the Jefferson Circuit Court appealing an adverse decision of the Kentucky Unemployment Insurance Commission (commission) denying him unemployment benefits. The circuit court dismissed the complaint on June 12, 1995, thus precipitating this appeal.
The facts are uncontroverted that the date of the commission's decision was October 14, 1994, and that appellant filed a complaint in the Jefferson Circuit Court on November 7, 1994. It is undisputed that appellant had only twenty days within which to seek judicial review of the commission's decision. Ky. Rev. Stat. 341.450. Indeed, appellant filed a "Motion to Permit Late Filing for Just Cause." It is a well-established rule of law that filing within the prescribed time frame is mandatory and failure to do so deprives the court of jurisdiction. Workers' Compensation Board v. Siler, Ky., 840 S.W.2d 812 (1992), and City of Devondale v. Stallings, Ky., 795 S.W.2d 954 (1990). As such we believe appellant's untimely filing deprived the circuit court of jurisdiction. We affirm the court's dismissal of the complaint upon different reasoning. See Revenue Cabinet v. Joy Technologies, Inc., Ky. App., 838 S.W.2d 406 (1992).
For the foregoing reasons, the order of the circuit court is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT: Sterling O. Neal, Jr. Louisville, KY
BRIEF FOR APPELLEE/KUIC: Beverly Haverstock General Counsel Timothy A. Sturgill Frankfort, KY
BRIEF FOR APPELLEE/JEFFERSON COUNTY BOARD OF EDUCATION:
Robert C. Ewald Deborah H. Patterson Wyatt, Tarrant & Combs Louisville, KY