Martinez v. Lea-Ed, Inc., 155 S.W.3d 809 (Mo. Ct. App. 2005). · Go Syfert
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809 (Mo. Ct. App. 2005). Cases Citing This Book View Copy Cite
33 citation events (33 in the last 25 years) across 1 distinct court.
Strongest positive: Ponder v. Division of Employment Security (moctapp, 2011-08-16)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
cited Cited as authority (rule) Ponder v. Division of Employment Security
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Caldwell v. LM SERVICES CORPORATION FOR HDH
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Heffner v. Division of Employment Security
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Bonner v. MERS/MISSOURI GOODWILL INDUSTRIES
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Courtway v. Sonic Drive-In of Farmington
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Lolic v. Sears Home Improvement Products
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Watkins v. Division of Employment Security
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lear-Ed, Inc., 155 S.W.3d 809, 810 (Mo. App. E.D.2005).
cited Cited as authority (rule) Riley v. Division of Employment Security
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Willingham v. O'FALLON CASTING, LLC
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Manuel v. WORLD WIDE TECHNOLOGY HOLDING CO., INC.
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Gooch v. Division of Employment Security
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Colletti v. Division of Employment Security
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Wallace v. JAS MANAGEMENT ENTERPRISES, INC.
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Roberson v. GIANINOCO, LTD.
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Clerkin v. Estes Express Lines Corp.
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lear-Ed, Inc., 155 S.W.3d 809, 810 (Mo. App. E.D.2005).
cited Cited as authority (rule) Williams v. LABARGE PRODUCTS, INC.
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Wood v. Atlas Construction & Design, Inc.
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo. *914 App. E.D.2005).
cited Cited as authority (rule) Ross v. Division of Employment Security
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lear-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Davis v. SCHNUCK MARKETS, INC.
Mo. Ct. App. · 2011 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Beebe v. Naviaux
Mo. Ct. App. · 2010 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.2005).
cited Cited as authority (rule) Azevedo v. NAPOLI 2
Mo. Ct. App. · 2010 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Petersen v. BETHESDA HEALTH GROUP, INC.
Mo. Ct. App. · 2010 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Williams v. UNITED HEALTHCARE SERVICES, INC.
Mo. Ct. App. · 2010 · confidence medium
Martinez v. Lear-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Jones v. WIRELESS VISION, LLC
Mo. Ct. App. · 2010 · confidence medium
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo. App. E.D.2005).
cited Cited as authority (rule) Rudder v. MERS/MISSOURI GOODWILL INDUSTRIES
Mo. Ct. App. · 2010 · confidence medium
Martinez v. Lear-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.E.D.2005).
cited Cited as authority (rule) Williams v. Reuther Chrysler-Jeep Sales, Inc.
Mo. Ct. App. · 2010 · confidence medium
Martinez v. Lear-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited as authority (rule) Copher v. Gundaker Commercial Group, Inc.
Mo. Ct. App. · 2010 · confidence medium
Martinez v. Lear-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited "see" Nettles v. Barnes-Jewish Hospital
Mo. Ct. App. · 2011 · signal: see · confidence high
See, Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited "see" McNeal v. HIRE QUEST, LLC
Mo. Ct. App. · 2011 · signal: see · confidence high
See, Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited "see" Frank v. ST. PETER'S OPERATIONS, LLC
Mo. Ct. App. · 2011 · signal: see · confidence high
See, Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited "see" Raymond v. Division of Employment Security
Mo. Ct. App. · 2010 · signal: see · confidence high
See, Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited "see" Cheathem v. Atlantic Express of Missouri, Inc.
Mo. Ct. App. · 2010 · signal: see · confidence high
See, Martinez v. Lear-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
cited Cited "see" Crowder v. AJ GROCERIES CORPORATION
Mo. Ct. App. · 2010 · signal: see · confidence high
See, Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo.App.
Retrieving the full opinion text from the archive…
Jalena MARTINEZ, Claimant/Appellant,
v.
LEA-ED, INC., and Division of Employment Security, Respondents
ED 85205.
Missouri Court of Appeals.
Jan 25, 2005.
155 S.W.3d 809
2005 Mo. App. LEXIS 133
2005 WL 147690
Jalena Martinez, St. Louis, MO, for appellant., Lea-Ed, Inc., St. Louis, MO, Cynthia A. Quetsch, Jefferson City, MO, for respondent.
George W. Draper III.
Cited by 33 opinions  |  Published
GEORGE W. DRAPER III, Chief Judge.

Jalena Martinez (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) denying[*810] her claim for unemployment benefits. The appeal is dismissed.

A deputy of the Division of Employment Security (Division) concluded Claimant was disqualified from receiving unemployment benefits because she left her job voluntarily without good cause attributable to her work or the employer. Claimant filed an appeal with the Appeals Tribunal, who dismissed her appeal after she failed to appear for a hearing. Claimant filed an application for review by the Commission, which affirmed the decision of the Appeals Tribunal. The Secretary of the Commission certified that she mailed a copy of the Commission’s decision to Claimant on April 21, 2004. Claimant filed a notice of appeal to this Court on September 28, 2004.

A claimant has twenty days to file an appeal from a final decision of the Commission. Section 288.210, RSMo 2000. The Commission’s decision becomes final ten days after the date it is mailed to the parties. Section 288.200.2, RSMo 2000. Here, the Secretary for the Commission mailed its decision to Claimant on April 21, 2004. The decision became final ten days later and the notice of appeal was due twenty days thereafter. Sections 288.200, 288.210. Claimant mailed her notice of appeal to the Commission and her letter was postmarked on September 28, 2004, well after the notice of appeal was due.

This Court has a duty to determine sua sponte whether it has jurisdiction. Rissman v. V S M Abrasives Corp., 136 S.W.3d 851 (Mo.App. E.D.2004). We issued an order directing Claimant to show cause why this appeal should not be dismissed as untimely. Claimant has filed a response. She asks this court to consider the merits of her appeal, despite its lateness, because she believes her unemployment was denied for discriminatory reasons. She asks this court to reconsider applying section 288.210.

An untimely notice of appeal in an unemployment case deprives this Court of jurisdiction to entertain the appeal. Thomas v. St. Martin’s Childcare Center, 127 S.W.3d 704, 705 (Mo.App. E.D.2004). Even though Claimant’s appeal may have merit, if her notice of appeal is untimely, this Court does not have jurisdiction. Section 288.210 sets forth stringent guidelines for the filing of the notice of appeal and fails to make any provision for late filing. Phillips v. Clean-Tech, 34 S.W.3d 854, 855 (Mo.App. E.D.2000). Our only recourse is to dismiss her appeal.

In addition, Claimant’s request that we “reconsider” section 288.210, is one more properly for the legislature. The unemployment provisions for appeals are purely creatures of statute. If a statute needs an amendment, the legislature is the one to do it.

The appeal is dismissed for lack of jurisdiction.

LAWRENCE G. CRAHAN, J., and GLENN A. NORTON, J., concur.