Courtney Cannon, Claimant/Appellant, v. Thomas Construction 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: Courtney Cannon, Claimant/Appellant, v. Thomas Construction and Division of Employment Security, Respondents. Case Number: ED89069 Handdown Date: 02/13/2007 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Party Acting Pro Se Counsel for Respondent: Cynthia Ann Quetsch Opinion Summary: Courtney Cannon appeals from the labor and industrial relations commission's decision denying her claim for unemployment benefits. APPEAL DISMISSED. Division Five holds: This Court lacks jurisdiction to consider the appeal. The notice of appeal to this Court was untimely, and there is no mechanism for a late notice of appeal. Citation: Opinion Author: Booker T. Shaw, Chief Judge Opinion Vote: APPEAL DISMISSED. Norton and Cohen, JJ., concur. Opinion: Courtney Cannon (Claimant) appeals from the Labor and Industrial Relations Commission's decision denying her claim for unemployment benefits. The Division of Employment Security (Division) 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. We agree with the Division that Claimant's notice of appeal to this Court is untimely. In unemployment appeals, the claimant must file the notice of appeal to this Court from the Commission's decision 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 November 15 2006. Therefore, the notice of appeal was due on December 15, 2006. Sections 288.200.2, 288.210. Claimant mailed her notice of appeal to the Commission in an envelope postmarked on December 16, 2006. If a notice of appeal is mailed, it is deemed filed on the date it is postmarked. Section 288.240, RSMo 2000. Claimant's notice of appeal is deemed filed on December 16, 2006, and is untimely. Section 288.210 makes no allowance for the filing of a late 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. Garcia v. Midtown Home Improvements, Inc., 165 S.W.3d 561, 562 (Mo. App. E.D. 2005). The Division's motion to dismiss is granted. Claimant's appeal is dismissed for lack of jurisdiction. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.