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Court

Missouri Eastern Appellate Court

Missouri

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Case Information

Filed 2024-06-13
Type Ap Worker's Compensation
Docket 11 entries

Docket Entries

  1. Mandate Sent Mandate Sent to Labor & Industrial Relations
  2. Case Dsmd Ct Ord-Lack of Jursd
  3. Granted Per Court Order Issued July 23, 2024 Associated Entries: 07/15/2024 - Motion for Dismissal +
  4. Court Order Issued Appellant filed a notice of appeal and the record on appeal. Respondent has filed a motion to dismiss the appeal for failure to file a timely notice of appeal. Appellant has filed suggestions in reply to the motion to dismiss. Appellant filed his notice of appeal with the Labor and Industrial Relations Commission on June 13, 2024, indicating that he was appealing from the Commission's order entered on May 13, 2024. Under section 287.495.1, RSMo 2020, the notice of appeal was due within thi1ty (30) days of the date of the final award of the Commission. Here, the date of the Commission's award was May 13, 2024. Therefore, Appellant's notice of appeal was due thirty (30) days later on June 12, 2024. The Commission received Appellant's notice of appeal on June 13, 2024, which is outside the thirty days. Even pursuant to Appellant's response that calculation of the deadline for filing the notice of appeal began on May 14, 2024, the day after the final award was entered, the thirtieth day fell on June 12, 2024. An untimely notice of appeal divests this Court of jurisdiction. Godfrey v. Metropolitan St. Louis Sewer District, 688 S.W.3d 99, 102-03 (Mo. App. E.D. 2024). Therefore, Respondent's motion to dismiss is hereby granted. Appellant's appeal is dismissed for failure to timely file the notice of appeal.
  5. Suggestions in Reply Electronic Filing Certificate of Service. Filed By: JAMES M MARTIN On Behalf Of: JOHN W TIPPIT Associated Entries: 07/15/2024 - Motion for Dismissal +
  6. Motion for Dismissal for Failure to File a Timely Appeal; Electronic Filing Certificate of Service. Filed By: BARBARA TOEPKE On Behalf Of: TREASURER OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND Associated Entries: 07/18/2024 - Suggestions in Reply + Associated Entries: 07/23/2024 - Granted +
  7. Record on Appeal Part 1 of 2 pgs 1-104; Part 2 of 2 pgs 105-114; Transcript Vol 1 of 1 pgs 1-76; Electronic Filing Certificate of Service.
  8. Clerk Remark ACKNOWLEDGEMENT LETTER MAILED TO KARLA S. HOGG.
  9. Acknowledgement Letter Sent
  10. NOA Filed in Appellate Court
  11. Filing Fee Paid

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