Zahradka v. Northwest Chrsyler-Plymouth, Inc.
Zahradka v. Northwest Chrsyler-Plymouth, Inc.
Opinion of the Court
John F. Zahradka II (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) denying his application for review. Because we find Claimant’s notice of appeal is untimely, we dismiss the appeal.
After quitting his employment with Northwest Chrysler Plymouth, Inc. (Employer), Claimant filed an application for unemployment benefits. A deputy initially awarded Claimant benefits, but Employer appealed to the Appeals Tribunal. The Tribunal reversed the deputy’s determination and disqualified Claimant from reeeiv-
The Division of Employment Security (Division) has filed a motion to dismiss Claimant’s appeal because it is untimely. Claimant has failed to file a response.
A claimant has twenty days to appeal a final decision of the Commission. Section 288.210.
An untimely notice of appeal in an unemployment case deprives this Court of jurisdiction to entertain the appeal. Mathis v. St. Louis County Health, 84 S.W.3d 524, 525 (Mo.App.E.D. 2002). In addition, Section 288.210 fails to make any provision for filing a late notice of appeal. Id.; McCuin Phillips v. Clean-Tech, 34 S.W.3d 854, 855 (Mo.App. E.D. 2000). The Division’s motion to dismiss is granted and the appeal is dismissed for lack of jurisdiction.
. All statutory references are to RSMo 2000, unless otherwise indicated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.