Campbell v. BLATTNER STEEL CO.

Missouri Court of Appeals

Campbell v. BLATTNER STEEL CO.

299 S.W.3d 337, 2009 Mo. App. LEXIS 1806, 2009 WL 4929378

CourtMissouri Court of Appeals

DecidedDecember 22, 2009

DocketED 93871

StatusPublished

Cited by1 cases

This text of 299 S.W.3d 337 (Campbell v. BLATTNER STEEL CO.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Campbell v. BLATTNER STEEL CO., 299 S.W.3d 337, 2009 Mo. App. LEXIS 1806, 2009 WL 4929378 (Mo. Ct. App. 2009).

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Opinion

*338 KENNETH M. ROMINES, Chief Judge.

Michael Campbell (Claimant) appeals from the decision of the Labor and Industrial Relations Commission (Commission) denying his application for unemployment benefits. We dismiss the appeal.

A deputy of the Division of Employment Security (Division) concluded that Claimant was ineligible for unemployment benefits, because he had been discharged from his employment due to misconduct connected with work. Claimant then appealed to the Appeals Tribunal of the Division, which dismissed his appeal. He filed an application for review with the Commission, which affirmed this decision. Claimant has now filed a notice of appeal to this Court. The Division has filed a motion to dismiss Claimant’s appeal, asserting the notice of appeal is untimely. Claimant has not filed a response to the motion.

Appeals in unemployment matters require a notice of appeal to this Court from the Commission’s decision be filed within twenty days of the decision becoming final. Section 288.210, RSMo 2000. 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 June 9, 2009. Therefore, the notice of appeal to this Court was due on or before July 9, 2009. Sections 288.200.2, 288.210. Claimant mailed a notice of appeal to the Commission in an envelope with a postmark of October 29, 2009. Under section 288.240, RSMo 2000, the postmark on the envelope is deemed the date of the filing of the notice of appeal. Claimant’s notice of appeal is untimely.

There is no provision in Chapter 288 governing unemployment cases for the filing of a late notice of appeal. McCuin Phillips v. Clean-Tech, 34 S.W.3d 854, 855 (Mo.App. E.D.2000). As a result, if the notice of appeal is untimely, this Court is deprived of jurisdiction to entertain the appeal and we can only dismiss it. Gayfield v. Boston Market Corp., 291 S.W.3d 363, 364 (Mo.App. E.D.2009).

The Division’s motion to dismiss is granted. The appeal is dismissed for lack of jurisdiction.

NANNETTE A. BAKER and ROY L. RICHTER, JJ., concur.

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*338 KENNETH M. ROMINES, Chief Judge.

Michael Campbell (Claimant) appeals from the decision of the Labor and Industrial Relations Commission (Commission) denying his application for unemployment benefits. We dismiss the appeal.

A deputy of the Division of Employment Security (Division) concluded that Claimant was ineligible for unemployment benefits, because he had been discharged from his employment due to misconduct connected with work. Claimant then appealed to the Appeals Tribunal of the Division, which dismissed his appeal. He filed an application for review with the Commission, which affirmed this decision. Claimant has now filed a notice of appeal to this Court. The Division has filed a motion to dismiss Claimant’s appeal, asserting the notice of appeal is untimely. Claimant has not filed a response to the motion.

Appeals in unemployment matters require a notice of appeal to this Court from the Commission’s decision be filed within twenty days of the decision becoming final. Section 288.210, RSMo 2000. 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 June 9, 2009. Therefore, the notice of appeal to this Court was due on or before July 9, 2009. Sections 288.200.2, 288.210. Claimant mailed a notice of appeal to the Commission in an envelope with a postmark of October 29, 2009. Under section 288.240, RSMo 2000, the postmark on the envelope is deemed the date of the filing of the notice of appeal. Claimant’s notice of appeal is untimely.

There is no provision in Chapter 288 governing unemployment cases for the filing of a late notice of appeal. McCuin Phillips v. Clean-Tech, 34 S.W.3d 854, 855 (Mo.App. E.D.2000). As a result, if the notice of appeal is untimely, this Court is deprived of jurisdiction to entertain the appeal and we can only dismiss it. Gayfield v. Boston Market Corp., 291 S.W.3d 363, 364 (Mo.App. E.D.2009).

The Division’s motion to dismiss is granted. The appeal is dismissed for lack of jurisdiction.

NANNETTE A. BAKER and ROY L. RICHTER, JJ., concur.

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299 S.W.3d 337, 2009 Mo. App. LEXIS 1806, 2009 WL 4929378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-blattner-steel-co-moctapp-2009.

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