Brown v. Mocap, Inc., 105 S.W.3d 854 (Mo. Ct. App. 2003). · Go Syfert
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Brown v. Mocap, Inc., 105 S.W.3d 854 (Mo. Ct. App. 2003). Cases Citing This Book View Copy Cite
63 citation events (63 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
cited Cited as authority (rule) Murphy v. Division of Employment Security
Mo. Ct. App. · 2008 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Fortenberry v. Division of Employment Security
Mo. Ct. App. · 2008 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Smotherson v. Division of Employment Security
Mo. Ct. App. · 2008 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Partee v. ECKERLE
Mo. Ct. App. · 2008 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Dunbar v. MAW CARES, INC.
Mo. Ct. App. · 2008 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Tate v. ADMINISTRATIVE SUPPORT SERVICES GROUP, INC.
Mo. Ct. App. · 2008 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Lewis v. St. Charles County Finance Department
Mo. Ct. App. · 2008 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Morris v. C.L. Smith Co.
Mo. Ct. App. · 2008 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) TOLERSON v. Division of Employment Security
Mo. Ct. App. · 2008 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Strauther v. Division of Employment Security
Mo. Ct. App. · 2008 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Shaw v. LSI-Lowery Systems, Inc.
Mo. Ct. App. · 2008 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Garlock v. GLOBAL PRODUCTS, INC.
Mo. Ct. App. · 2007 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Miller v. Pasta House Co.
Mo. Ct. App. · 2007 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Spaulding v. Link Construction, LLC
Mo. Ct. App. · 2007 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Conley v. MITCH MURCH'S MAINTENANCE MANAGEMENT CO.
Mo. Ct. App. · 2007 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Young v. ESI MAIL PHARMACY SERVICE, INC.
Mo. Ct. App. · 2007 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Lee v. Staffing One
Mo. Ct. App. · 2007 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Clay v. Special School District of St. Louis County
Mo. Ct. App. · 2007 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Howard v. St. Louis Public Schools
Mo. Ct. App. · 2006 · confidence medium
Brown v. MO- CAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Blanchard v. Shurn & Associates, Inc.
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.E.D.2003).
cited Cited as authority (rule) Clinton v. Laidlaw Transit, Inc.
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Clinton v. Division of Employment Security
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Jost v. Division of Employment Security
Mo. Ct. App. · 2006 · confidence medium
Brown v. MO-CAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Butler v. M.W.S. Enterprises, Inc.
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Harrison v. Don Darr Pontiac, Inc.
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Lotts v. Division of Employment Security
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) White v. EBG Health Care II, Inc.
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Allen v. St. Charles School District
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Zeigler v. Microfinish Co.
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Pope v. ROBERTS CONSOLIDATED INDUSTRIES
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Murphy v. JUST ROY, INC.
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Stogsdill v. BJC HEALTHCARE
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Arslanovic v. KIRKWOOD SCHOOL DISTRICT
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Brown v. MEMC Electronic Materials, Inc.
Mo. Ct. App. · 2006 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Edwards v. DISMAS HOUSE OF ST. LOUIS
Mo. Ct. App. · 2005 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Johnson v. AMPLEFORTH ENTERPRISES, INC.
Mo. Ct. App. · 2005 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Young v. Historic Lemp Brewery, L.L.C.
Mo. Ct. App. · 2005 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Rankin v. Pulaski Bank
Mo. Ct. App. · 2004 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Crowden v. General Sign Co.
Mo. Ct. App. · 2004 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.E.D.2003).
cited Cited as authority (rule) Howse v. Lou Fusz Motor Co.
Mo. Ct. App. · 2004 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Freeman v. Plaza Motors Co.
Mo. Ct. App. · 2004 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
cited Cited as authority (rule) Guebert v. Professional Installers, Inc.
Mo. Ct. App. · 2004 · confidence medium
Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.
Retrieving the full opinion text from the archive…
Timothy R. BROWN, Claimant/Appellant,
v.
MOCAP, INC., and Division of Employment Security, Respondents
ED 82465.
Missouri Court of Appeals.
May 20, 2003.
105 S.W.3d 854
Timothy R. Brown, Bonne Terre, MO, pro se., MOCAP, Park Hills, MO, pro se., Larry R. Ruhmann, St. Louis, MO, for respondent.
Mooney, Crahan, Dowd.
Cited by 42 opinions  |  Published
LAWRENCE E. MOONEY, Chief Judge.

The claimant, Timothy R. Brown, appeals the decision of the Labor and Industrial Relations Commission dismissing his application for review as untimely. The respondent, Division of Employment Security, has filed a motion to dismiss the appeal contending this Court is without jurisdiction. The claimant has filed no[*855] response to the motion. We dismiss the appeal for lack of jurisdiction.

On September 25, 2002, a deputy from the Division of Employment Security concluded that the claimant was disqualified from unemployment benefits because he left his work without good cause attributable to his work or his employer. The claimant filed a timely appeal to the Appeals Tribunal, which dismissed his appeal after he failed to respond to a notice for a telephone hearing. The Appeals Tribunal mailed its decision to the claimant on November 1, 2002. The claimant then filed an application for review with the Commission on December 27, 2002. The Commission dismissed the claimant’s application for review because it was untimely.

Section 288.200, RSMo 2000, requires that an application for review to the Commission shall be postmarked or filed within thirty days of the mailing of the Appeals Tribunal decision. Here, the Appeals Tribunal mailed its decision to the claimant on November 1, 2002. Therefore, the claimant’s application for review was due on Monday, December 2, 2002. Section 288.200; section 288.240, RSMo 2000. The claimant’s application for review was not filed until December 27, 2002. Therefore, it was untimely.

The timely filing of an application for review in an administrative case is jurisdictional. McCuin Phillips v. Clean-Tech, 34 S.W.3d 854, 855 (Mo.App.E.D.2000). The claimant’s failure to file a timely application for review divests the Commission of jurisdiction. Id, Our jurisdiction is derived from that of the Commission and, if it does not have jurisdiction, then neither do we. Id. Section 288.200 does not provide for late filing and does not recognize any exceptions for filing out of time. Id. The procedures outlined for appeal by statute in unemployment security cases are mandatory. Burch Food Services, Inc. v. Missouri Div. of Employment Sec., 945 S.W.2d 478, 481 (Mo.App. W.D.1997).

The respondent’s motion to dismiss the appeal is granted and the appeal is dismissed for lack of jurisdiction.

LAWRENCE G. CRAHAN, J., and ROBERT G. DOWD, JR., J„ concur.