Lynette McGill, Claimant/Appellant v. LM Services Corporation 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: Lynette McGill, Claimant/Appellant v. LM Services Corporation and Division of Employment Security, Respondents. Case Number: ED87810 Handdown Date: 05/16/2006 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Lynetta McGill, Pro Se Counsel for Respondent: Cynthia A. Quetsch Opinion Summary: Lynette McGill appeals from the labor and industrial relations commission's decision regarding her unemployment benefits. APPEAL DISMISSED. Division Five holds: This Court lacks jurisdiction to consider the appeal where the notice of appeal to this Court was untimely and there is no mechanism for a late notice of appeal. Citation: Opinion Author: Glenn A. Norton, Chief Judge Opinion Vote: DISMISSED. Crane, J. and Shaw, J., concur. Opinion: Lynetta McGill (Claimant) appeals from the decision of the Labor and Industrial Relations Commission affirming

the Appeals Tribunal's decision denying her unemployment benefits. In response, 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. We agree with the Division that Claimant's notice of appeal to this Court is untimely. Section 288.210, RSMo 2000, requires that the notice of appeal to this Court from the Commission's decision be filed within twenty days of 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 Secretary for the Commission mailed its decision to Claimant on February 16, 2006, and Claimant's notice of appeal was due on Monday, March 20, 2006. Sections 288.200.2, 288.210, 288.240, RSMo 2000. Claimant filed her notice of appeal on March 21, 2006, which is out of time. When the notice of appeal to this Court is untimely in an unemployment case, we have no recourse except to dismiss the appeal. 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). An untimely notice of appeal deprives this Court of jurisdiction to entertain the appeal. Frenchie v. Division of Employment Sec., 156 S.W.3d 437, 438 (Mo. App. E.D. 2005). Therefore, we have no jurisdiction. 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.