Randy Wills, Claimant/Appellant, v. Division of Employment Security, Respondent.

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: Randy Wills, Claimant/Appellant, v. Division of Employment Security, Respondent. Case Number: ED88176 Handdown Date: 08/01/2006 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Party Acting Pro Se Counsel for Respondent: Cynthia Ann Quetsch Opinion Summary: Randy Wills appeals from the labor and industrial relations commission's decision regarding 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: APPEAL DISMISSED. Norton and Cohen, JJ., concur. Opinion: Randy Wills (Claimant) appeals from the Labor and Industrial Relations Commission's decision regarding 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. In an unemployment case, the notice of appeal to this Court from the Commission's decision must be filed within twenty days of the 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 May 2, 2006. The notice of appeal was due on June 1, 2006. Sections 288.200.2, 288.210. The record on appeal shows that Claimant's notice of appeal was filed on June 5, 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. Williams v. Walgreen Co. Illinois, 171 S.W.3d 167, 168 (Mo. App. E.D. 2005). Therefore, when a claimant has filed a late notice of appeal, this Court's only recourse is to dismiss the 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.