Christine Moore, Claimant/Appellant, v. Northview Village, 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: Christine Moore, Claimant/Appellant, v. Northview Village, Inc., and Division of Employment Security, Respondents. Case Number: ED83496 Handdown Date: 01/13/2004 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Party Acting Pro Se Counsel for Respondent: Cynthia Ann Quetsch Opinion Summary: Christine Moore appeals the labor and industrial relations commission's decision affirming the appeals tribunal's decision. DISMISSED. Division Five holds: This Court lacks jurisdiction to consider Moore's appeal. Her notice of appeal to this Court was untimely, and there is no mechanism for allowing Moore to seek a special order for leave to file an untimely notice of appeal. Citation: Opinion Author: Sherri B. Sullivan, Chief Judge Opinion Vote: DISMISSED. Mooney and Draper III, JJ., concur. Opinion:

Christine Moore (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) denying her application for unemployment benefits. Because we find the Claimant's notice of appeal is untimely, we dismiss the appeal. Claimant filed an application for unemployment benefits. A deputy of the Division of Employment Security

determined that Claimant was disqualified for eight weeks because she had been discharged by her employer for misconduct connected with her work. Claimant appealed to the Appeals Tribunal, who dismissed Claimant's appeal when she failed to respond to a notice of telephone hearing. Claimant then sought review by the Commission, which affirmed the Appeals Tribunal decision. The Secretary of the Commission certified that she mailed a copy of the Commission's decision to Claimant on August 8, 2003. Claimant filed a notice of appeal to this Court on September 29, 2003. This Court has a duty to determine sua sponte whether it has jurisdiction. Williams v. ESI Mail Pharmacy Service, Inc. , 103 S.W.3d 848 (Mo. App. E.D. 2003). Claimant had twenty days to appeal a final decision of the Commission. Section 288.210. (FN1) The Commission's decision becomes final ten days after the date it is mailed to the parties. Section 288.200.2. Here, the Secretary for the Commission mailed its decision to Claimant on August 8, 2003. The decision became final ten days later and the notice of appeal was due on September 8, 2003. Section 288.200; Section 288.210. Claimant's notice of appeal filed on September 29, 2003, was untimely under Section 288.210. We issued an order directing Claimant to show cause why this appeal should not be dismissed as untimely. Claimant has failed to file a response. An untimely notice of appeal in an unemployment case deprives this Court of jurisdiction to entertain the appeal. Eggering v. Delmar Gardens Enterprises, Inc. , 105 S.W.3d 853, 854 (Mo. App. E.D. 2003). In addition, Section 288.210 fails to make any provision for filing a late notice of appeal. McCuin Phillips v. Clean-Tech , 34 S.W.3d 854, 855 (Mo. App. E.D. 2000). The appeal is dismissed for lack of jurisdiction. Footnotes: FN1. All statutory references are to RSMo 2000, unless otherwise indicated. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.