Gregory Minner, Claimant/Appellant v. Jerome Group, LLC, 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: Gregory Minner, Claimant/Appellant v. Jerome Group, LLC, and Division of Employment Security, Respondents. Case Number: ED88410 Handdown Date: 09/05/2006 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Gregory Minner, Pro Se Counsel for Respondent: Cynthia Ann Quetsch Opinion Summary: Gregory Minner appeals from the labor and industrial relations commission's decision regarding his 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: DISMISSED. Norton and Cohen, J.J., concur. Opinion: 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. 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. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.