Aimee Simon, Claimant/Appellant v. Groomingdales, Inc., and Division of Employment Security, Respondents.

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: Aimee Simon, Claimant/Appellant v. Groomingdales, Inc., and Division of Employment Security, Respondents. Case Number: ED86747 Handdown Date: 10/11/2005 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Aimee Simony, Pro Se Counsel for Respondent: Cynthia A. Quetsch Opinion Summary:

Aimee Simon appeals the labor and industrial relations commission's decision regarding her claim for unemployment benefits. DISMISSED. Division Five holds: Simon was not aggrieved by the commission's decision, which provided her all relief sought and awarded her unemployment benefits. Simon, therefore, was not entitled to appeal. Citation: Opinion Author: Glenn A. Norton, C.J. Opinion Vote: DISMISSED. Crane, J., and Shaw, J., concur. Opinion:

Claimant Aimee Simon appeals the decision of the Labor and Industrial Relations Commission (Commission) regarding her unemployment benefits. Because we find Claimant is not aggrieved by the Commission's decision, we

dismiss her appeal. Claimant filed a claim for unemployment benefits, which Groomingdales, Inc. (Employer) protested. The deputy determined that Claimant was disqualified from receiving benefits. Claimant appealed that determination to the Appeals Tribunal, which reversed the deputy's determination and awarded Claimant unemployment benefits. Employer then appealed to the Commission, which affirmed the Appeals Tribunal's decision to award Claimant unemployment. Claimant has filed an appeal to this Court. The respondent, Division of Employment Security, has filed a motion to dismiss the appeal, pointing out that Claimant prevailed in the litigation before the Commission and therefore, is not an aggrieved party entitled to an appeal. Claimant has failed to file a response. Section 288.210, RSMo 2000, provides that "any party aggrieved" by a Commission's decision may appeal to the appropriate appellate court. A party is not aggrieved when the party receives all of the relief sought. Stelzer v. RWR Enterprises, Inc., 142 S.W.3d 214, 215 (Mo. App. E.D. 2004). Claimant's notice of appeal indicates that she mistakenly believes that Employer won its appeal to the Commission. However, this is inaccurate. The record clearly shows that Claimant prevailed in Employer's appeal to the Commission and was awarded unemployment benefits. Because she received all the relief sought, she is not aggrieved by the Commission's decision. The Division's motion is granted and the appeal is dismissed.

Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.