Donna Stelzer, Claimant/Appellant, v. RWR Enterprises, 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: Donna Stelzer, Claimant/Appellant, v. RWR Enterprises, Inc., and Division of Employment Security, Respondents. Case Number: ED84828 Handdown Date: 08/31/2004 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Party Acting Pro Se Counsel for Respondent: Cynthia A. Quetsch and William B. Jones Opinion Summary: Claimant Donna Stelzer appeals from the labor and industrial relations commission's decision regarding her unemployment. DISMISSED. Division Five holds: Stelzer was the prevailing party at the commission and was awarded her unemployment benefits. As a result, she is not aggrieved by the commission's decision, and her appeal must be dismissed. Citation: Opinion Author: George W. Draper III, Chief Judge Opinion Vote: DISMISSED. Crahan and Norton, JJ., concur. Opinion: Donna Stelzer (Claimant) 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. A deputy concluded that Claimant was disqualified from receiving unemployment for sixteen weeks after finding she had been discharged by her employer for aggravated misconduct when she stole $1,000. Claimant appealed to the

Appeals Tribunal. After a telephone hearing, a referee for the Appeals Tribunal reversed the decision of the deputy. The referee concluded that Claimant was not discharged for misconduct that was an act of wanton or willful disregard of the employer's interest, because a banking deposit error occurred as the result of a mistake by Claimant. Claimant's employer, RWR Enterprises, Inc., appealed to the Labor and Industrial Relations Commission. The Commission affirmed the Appeals Tribunal's decision finding Claimant eligible for unemployment benefits. Despite prevailing with the Commission, Claimant filed a notice of 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 such decision" of the Commission may appeal to the appropriate appellate court. A party is not aggrieved when the party receives all of the relief sought. Gibbs v. McClain , 964 S.W.2d 850, 851 (Mo. App. S.D. 1998). Claimant was awarded unemployment benefits. She prevailed in Employer's appeal to the Commission. 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.