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Case: Laura Rodebaugh, Appellant v. Ameristar Casino, and Division of Employment Security, Respondents.
Case Number: ED92439
Court: Missouri Court of Appeals, Eastern District
Decision Date: 2009-03-10
Outcome: affirmed
Practice Area: other
Canonical URL: https://ott.law/missouri-courts/opinions/laura-rodebaugh-appellant-v-ameristar-casino-and-division-of-employment-s-d92439
Official Source URL: https://www.courts.mo.gov/file.jsp?id=29992
Related Practice Areas:
- Employment Law: https://ott.law/practice-areas/employment?ott_archive=missouri-courts&ott_archive_practice_area=employment&ott_archive_query=Laura+Rodebaugh%2C+Appellant+v.+Ameristar+Casino%2C+and+Division+of+Employment+Security%2C+Respondents.&ott_archive_link_source=text&ott_archive_link_score=6&ott_archive_link_evidence=text%3A+employment&ott_archive_location=opinion_plain_text_practice_area (slug: employment; source: text; score: 6; evidence: text: employment)

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## Opinion

LAURA            RODEBAUGH,                                                )            No.            ED92439            
       ) 
                        Claimant/Appellant,                                    )            
       ) 
vs.                                                                                    )            Appeal            from            the            Labor            and            
                                                                                    )            Industrial            Relations            Commission            
AMERISTAR            CASINO,            and                                                )            
DIVISION OF EMPLOYMENT SECURITY, ) 
                                                                                    )            FILED:            March            10,            2009            
                        Respondents.                                                )            
 
Laura Rodebaugh (Claimant) appeals the Labor and Industrial Relations Commission's 
(Commission) decision denying her application for unemployment benefits.  We dismiss the 
appeal. 
The Division of Employment Security (Division) concluded that Claimant was ineligible 
for unemployment benefits, because she was discharged from her employment for misconduct 
connected with work.  Claimant appealed to the Appeals Tribunal, which dismissed her appeal.  
Claimant then filed an application for review with the Commission, which affirmed the Appeals 
Tribunal's decision.  Claimant has now filed a notice of appeal to this Court.  The Division has 
filed a motion to dismiss Claimant's appeal, asserting it is untimely.  Claimant has not filed a 
response to the motion. 
In unemployment matters, an aggrieved party must file a notice of appeal to this Court 
from the Commission's decision within twenty days of the decision becoming final.  Section 

 
2
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 25, 2008.  Therefore, the notice of appeal to this Court was due on or 
before Monday, December 29, 2008.  Sections 288.200.2, 288.210; Section 288.240, RSMo 
2000.  Claimant faxed her notice of appeal to the Commission on January 8, 2009, which is 
untimely under section 288.210.  The unemployment statutes have no provision for the filing of a 
late notice of appeal.   McCuin 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.  Flotron v. Information Solutions Design
, 238 
S.W.3d 745, 746 (Mo. App. E.D. 2007).   
The Division's motion to dismiss is granted.  The appeal is dismissed for lack of 
jurisdiction. 
 
                                                                                    __________________________________            
                                                                                    NANNETTE            A.            BAKER,            CHIEF            JUDGE            
 
PATRICIA L. COHEN, J. and   
KENNETH M. ROMINES, J., concur.