Zandra Chatman, Claimant/Appellant, v. Aramark Schools, 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: Zandra Chatman, Claimant/Appellant, v. Aramark Schools, LLC, and Division of Employment Security, Respondents Case Number: ED91247 Handdown Date: 06/10/2008 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Zandra Chatman (pro se) Counsel for Respondent: Ronald J. Miller Opinion Summary: Zandra Chatman appeals the Labor and Industrial Relations Commission's decision denying her unemployment benefits. 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: Patricia L. Cohen, Chief Judge Opinion Vote: DISMISSED. Shaw and Baker, JJ., concur Opinion: Zandra Chatman (Claimant) appeals the Labor and Industrial Relations Commission's (Commission) decision denying her

unemployment benefits. We dismiss the appeal for lack of jurisdiction. The Division of Employment Security (Division) concluded that Claimant was ineligible for unemployment benefits. This decision was upheld by the Appeals Tribunal of the Division. 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 cases, section 288.210, RSMo 2000, requires that a claimant must file the notice of appeal to this Court from the Commission's decision within twenty days of the decision becoming final. 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 March 18, 2008. Therefore, the notice of appeal was due on April 17, 2008. Sections 288.200.2, 288.210. Claimant filed her notice of appeal by fax to the Commission on April 19, 2008. It is untimely under section 288.210. The unemployment statutes do not contain a provision for filing a late notice of appeal. Phillips v. Clean-Tech, 34 S.W.3d 854, 855 (Mo.App.E.D. 2000). Therefore, an untimely notice of appeal deprives this Court of jurisdiction to entertain the appeal and we must dismiss it. Garcia v. Midtown Home Improvements, Inc., 165 S.W.3d 561, 562 (Mo.App.E.D. 2005). The Division's motion to dismiss is granted. The 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.