Minner v. Jerome Group, L.L.C.

Missouri Court of Appeals

Minner v. Jerome Group, L.L.C.

200 S.W.3d 558, 2006 Mo. App. LEXIS 1306, 2006 WL 2528007

CourtMissouri Court of Appeals

DecidedSeptember 5, 2006

DocketED 88410

StatusPublished

This text of 200 S.W.3d 558 (Minner v. Jerome Group, L.L.C.) 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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Minner v. Jerome Group, L.L.C., 200 S.W.3d 558, 2006 Mo. App. LEXIS 1306, 2006 WL 2528007 (Mo. Ct. App. 2006).

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Opinion

BOOKER T. SHAW, Chief Judge.

Gregory Minner (Claimant) appeals from the Labor and Industrial Relations Commission’s decision denying his claim for unemployment benefits. The Division of Employment Security has filed a motion to dismiss the appeal for lack of a timely notice of appeal. Claimant has not filed a response to the motion.

Claimant’s notice of appeal to this Court is untimely. The notice of appeal to this Court is due within twenty days of the Commission’s 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 14, 2006. Therefore, the notice of appeal was due on July 14, 2006. Sections 288.200.2, 288.210. Claimant’s notice of appeal was filed with the Commission on July 21, 2006, and is untimely.

*559 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 to entertain the appeal and we must dismiss it. Nienke v. Division of Employment Sec., 182 S.W.3d 726, 727 (Mo.App. E.D.2006).

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

GLENN A. NORTON and PATRICIA L. COHEN, JJ. concur.

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BOOKER T. SHAW, Chief Judge.

Gregory Minner (Claimant) appeals from the Labor and Industrial Relations Commission’s decision denying his claim for unemployment benefits. The Division of Employment Security has filed a motion to dismiss the appeal for lack of a timely notice of appeal. Claimant has not filed a response to the motion.

Claimant’s notice of appeal to this Court is untimely. The notice of appeal to this Court is due within twenty days of the Commission’s 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 14, 2006. Therefore, the notice of appeal was due on July 14, 2006. Sections 288.200.2, 288.210. Claimant’s notice of appeal was filed with the Commission on July 21, 2006, and is untimely.

*559 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 to entertain the appeal and we must dismiss it. Nienke v. Division of Employment Sec., 182 S.W.3d 726, 727 (Mo.App. E.D.2006).

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

GLENN A. NORTON and PATRICIA L. COHEN, JJ. concur.

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Bluebook (online)

200 S.W.3d 558, 2006 Mo. App. LEXIS 1306, 2006 WL 2528007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minner-v-jerome-group-llc-moctapp-2006.

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