This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Opinion
Missouri Court of Appeals Eastern District
Case Style: Traci Brandes, Appellant, v. Correctional Medical Services and Division of Employment Security, Respondents.
Case Number: ED89225
Handdown Date: 03/06/2007
Appeal From: Labor and Industrial Relations Commission
Counsel for Appellant: Party Acting Pro Se
Counsel for Respondent: Cynthia Ann Quetsch
Opinion Summary:
On December 12, 2006, the labor and industrial relations commission mailed its decision to Traci Brandes to disqualify her from receiving unemployment benefits and waiting week credit. The commission's decision becomes final 10 days after it is mailed to the parties and notice of an appeal from the commission's decision is due within 20 days of the commission's decision becoming final. Brandes, therefore, was required to be provide notice of appeal by January 11, 2007. The commission received Brandes' notice of appeal in an envelope postmarked January 16, 2007. The unemployment statutes make no provision for late filing of a notice of appeal.
DISMISSED.
Division Five holds: This court lacks jurisdiction because the notice of appeal is untimely and there is no provision for a late notice of appeal. An untimely notice of appeal deprives this court of jurisdiction and the only recourse is to dismiss the appeal.
Citation:
Opinion Author: Booker T. Shaw, Chief Judge
Opinion Vote: APPEAL DISMISSED. Norton and Cohen, JJ., concur.
Opinion:
Traci Brandes (Claimant) appeals from the decision of the Labor and Industrial Relations Commission (Commission) disqualifying her from receiving unemployment benefits and waiting week credit. The appeal is dismissed.
The Division of Employment Security (Division) has filed a motion to dismiss Claimant's appeal because the notice of appeal to this Court is untimely. Claimant has not filed a response to the motion.
Section 288.210 RSMo. 2000 provides that the notice of appeal to this Court from the Commission's decision is due within twenty days of the Commission's decision becoming final. The Commission's decision becomes final ten days after it is mailed to the parties. Section 288.200.2 RSMo. 2000. Here, the Commission mailed its decision to Claimant on December 12, 2006. Therefore, Claimant's notice of appeal was due on January 11, 2007. Sections 288.200.2, 288.210.
The Commission received Claimant's notice of appeal in an envelope postmarked January 16, 2007. The notice of appeal is deemed filed on that date. Section 288.240 RSMo. 2000. Therefore, Claimant's notice of appeal is untimely. The unemployment statutes make no provision for late filing of a notice of appeal. Phillips v. Clean-Tech, 34 S.W.3d 854, 855 (Mo. App. E.D. 2000). As a result, an untimely notice of appeal deprives this Court of jurisdiction and our only recourse is to dismiss the appeal. Watkins v. De Van Sealants, Inc., 194 S.W.3d 873, 874 (Mo. App. E.D. 2006).
The Division's motion to dismiss is granted. Claimant's appeal is dismissed for lack of jurisdiction.
Separate Opinion:
None