Jones v. SHILLINGTON BOX CO., LLC

Missouri Court of Appeals

Jones v. SHILLINGTON BOX CO., LLC

277 S.W.3d 352, 2009 Mo. App. LEXIS 537, 2009 WL 484588

CourtMissouri Court of Appeals

DecidedFebruary 17, 2009

DocketED 92355

StatusPublished

This text of 277 S.W.3d 352 (Jones v. SHILLINGTON BOX CO., LLC) 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.

Bluebook

Jones v. SHILLINGTON BOX CO., LLC, 277 S.W.3d 352, 2009 Mo. App. LEXIS 537, 2009 WL 484588 (Mo. Ct. App. 2009).

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Opinion

NANNETTE A. BAKER, Chief Judge.

Kenneth B. Jones (Claimant) appeals the Labor and Industrial Relations Commission’s (Commission) decision denying his claim for unemployment benefits. We dismiss the appeal for lack of jurisdiction.

A deputy of the Division of Employment Security (Division) determined that Claimant was disqualified from receiving unemployment benefits because he was discharged due to misconduct connected with his work. She appealed to the Appeals Tribunal, which affirmed the disqualification. Claimant then sought review by the Commission, which affirmed the Appeals Tribunal’s decision. Claimant has now filed a notice of appeal to this Court.

The Division has filed a motion to dismiss Claimant’s appeal, asserting it is untimely and thus, this Court lacks jurisdiction. Claimant has not filed a response to the motion.

The notice of appeal to this court from the Commission’s decision in unemployment matters is due 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 October 31, 2008. Therefore, the notice of appeal was due on or before Monday, December 1, 2008. Sections 288.200.2, 288.210; 288.240, RSMo 2000. Claimant mailed the notice of appeal to the Commission in an envelope postmarked December 17, 2008. Under section 288.240, the no *353 tice of appeal is deemed filed on that date. Brandes v. Correctional Medical Services, 216 S.W.3d 238 (Mo.App. E.D.2007). Therefore, it is untimely under section 288.210.

Chapter 288 governing unemployment cases fails to provide 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, an untimely notice of appeal deprives this Court of jurisdiction to entertain the appeal and we must dismiss it. Alfred v. Delmar Gardens of Creve Coeur Operating, LLC, 257 S.W.3d 185,186 (Mo.App. E.D.2008).

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

PATRICIA L. COHEN and KENNETH M. ROMINES, JJ., concur.

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NANNETTE A. BAKER, Chief Judge.

Kenneth B. Jones (Claimant) appeals the Labor and Industrial Relations Commission’s (Commission) decision denying his claim for unemployment benefits. We dismiss the appeal for lack of jurisdiction.

A deputy of the Division of Employment Security (Division) determined that Claimant was disqualified from receiving unemployment benefits because he was discharged due to misconduct connected with his work. She appealed to the Appeals Tribunal, which affirmed the disqualification. Claimant then sought review by the Commission, which affirmed the Appeals Tribunal’s decision. Claimant has now filed a notice of appeal to this Court.

The Division has filed a motion to dismiss Claimant’s appeal, asserting it is untimely and thus, this Court lacks jurisdiction. Claimant has not filed a response to the motion.

The notice of appeal to this court from the Commission’s decision in unemployment matters is due 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 October 31, 2008. Therefore, the notice of appeal was due on or before Monday, December 1, 2008. Sections 288.200.2, 288.210; 288.240, RSMo 2000. Claimant mailed the notice of appeal to the Commission in an envelope postmarked December 17, 2008. Under section 288.240, the no *353 tice of appeal is deemed filed on that date. Brandes v. Correctional Medical Services, 216 S.W.3d 238 (Mo.App. E.D.2007). Therefore, it is untimely under section 288.210.

Chapter 288 governing unemployment cases fails to provide 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, an untimely notice of appeal deprives this Court of jurisdiction to entertain the appeal and we must dismiss it. Alfred v. Delmar Gardens of Creve Coeur Operating, LLC, 257 S.W.3d 185,186 (Mo.App. E.D.2008).

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

PATRICIA L. COHEN and KENNETH M. ROMINES, JJ., concur.

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277 S.W.3d 352, 2009 Mo. App. LEXIS 537, 2009 WL 484588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-shillington-box-co-llc-moctapp-2009.

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