Margie Johnson, Claimant/Appellant, v. St. Louis Parking Company, 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: Margie Johnson, Claimant/Appellant, v. St. Louis Parking Company, and Division of Employment Security, Respondents Case Number: ED87698 Handdown Date: 04/25/2006 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Margie Johnson, Pro Se Counsel for Respondent: Cynthia A. Quetsch Opinion Summary: Margie Johnson appeals from the labor and industrial relations commission's decision regarding her unemployment benefits. 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: Glenn A. Norton, Chief Judge Opinion Vote: DISMISSED. Crane and Shaw, JJ., concur Opinion: Margie Johnson (Claimant) appeals from the decision of the Labor and Industrial Relations Commission regarding her unemployment benefits. Because the notice of appeal to this Court is untimely, the appeal is dismissed. A deputy from the Division of Employment Security concluded Claimant was disqualified from receiving unemployment benefits because she was discharged from work due to misconduct connected with her work. Claimant

appealed to the Appeals Tribunal, which affirmed the deputy's determination. Claimant then sought review by the Commission, which affirmed the Appeals Tribunal. Claimant now appeals to this Court. In response to the appeal, the Division of Employment Security has filed a motion to dismiss the appeal for lack of a timely notice of appeal. This Court also issued an order directing Claimant to show cause why her appeal should not be dismissed. Claimant has not filed a response. In unemployment matters, an aggrieved party may appeal from the Commission's decision by filing a notice of appeal within twenty days of the date the Commission's decision becomes 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 January 24, 2006. The decision became final ten days later and Claimant's notice of appeal was due on February 23, 2006. Sections 288.200.2; section 288.210. Claimant filed her notice of appeal on February 27, 2006 and it is untimely. Moreover, section 288.210 makes 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). In an unemployment case, 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 to consider Claimant's appeal. 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.