State ex rel. Missouri Highway & Transportation Commission v. Labor & Industrial Relations Commission
Cases that cite this one
3 later published cases cite this decision.
- Jeremie J. Cooksey v. Cargill Meat Solutions Corporation (Iowa 2013)
- State ex rel. Labor & Industrial Relations Commission v. McGuire (Mo. Ct. App. 1992)
- Pharmacology Research Corp. v. Missouri Division of Employment Security (Mo. Ct. App. 1988)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
MEMORANDUM
The Missouri Highway and Transportation Commission appeals from the dismissal of its petition for review of a decision of the Labor and Industrial Relations Commission. Dismissal was based upon the failure of appellant to join as a party the Division of Employment Security as mandated by the then operative statute, Sec. 288.210 RSMo 1978.
Our review establishes that appellant made no substantial compliance with the statute and the petition for review was properly dismissed. Duzer v. Industrial Commission, 402 S.W.2d 616 (Mo.App. 1966) [1, 2]; Schiff v. Labor and Industrial Commission, 684 S.W.2d 924 (Mo.App. 1985). Merely alleging that the Division entered a decision “unsupported by competent and substantial evidence” in the body of the petition for review, but omitting any reference to the Division in the caption or the prayer is not sufficient to make the Division a party.
In view of the amendment to the law after dismissal of this case a full opinion would have no precedential value.
Judgment affirmed pursuant to Rule 84.-16(b).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.