Felter v. Floorserv, Inc., et al.
| Docket Number: | 2010-CT-01793-SCT Linked Case(s): 2010-WC-01793-COA ; 2010-WC-01793-COA ; 2010-CT-01793-SCT ; 2010-CT-01793-SCT ; 2012-CT-01793-SCT CONSOLIDATED WITH NO. 2010-CT-00307-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 05-16-2013 Opinion Author: Kitchens, J. Holding: Reversed and Remanded |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-19-2012 Opinion Author: Irving, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers' compensation - Timeliness of notice of appeal - Miss. Admin. Code 20-2-1:2.10 - Miss. Admin. Code 20-2-1:2.14 - Waiver of time limits - Section 71-3-47 - Pro se litigant - Unique facts Judge(s) Concurring: Waller, C.J., Dickinson, P.J., Pierce and King, JJ. Dissenting Author : Coleman, J. Dissent Joined By : Randolph, P.J., Lamar and Chandler, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 09-28-2010 Appealed from: Adams County Circuit Court Judge: Lillie Blackmon Sanders Disposition: AFFIRMED COMMISSION’S DECISION DISMISSING APPEAL Case Number: 09-KV-0082-S |
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| Note: | The Supreme Court found that the notice of appeal was timely granted and reversed the Court of Appeals and the circuit court. The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/CO77171.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Erika L. Felter |
PRO SE |
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| Appellee: | Floorserv, Inc., The Employers' Fire Insurance Company, and One Beacon Insurance | CHADWICK LESTER SHOOK LOUIE FREDERICK RUFFIN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Workers' compensation - Timeliness of notice of appeal - Miss. Admin. Code 20-2-1:2.10 - Miss. Admin. Code 20-2-1:2.14 - Waiver of time limits - Section 71-3-47 - Pro se litigant - Unique facts |
| Summary of the Facts: | Erica Felter was injured in a car accident while working as a territorial manager for Floorserv, Inc. She filed a petition to controvert with the Commission on February 1, 2007. An AJ rendered a decision adverse to Felter on January 9, 2009. On January 29, Felter’s attorney, Robert Clark, mailed to the AJ and Felter a motion to withdraw as counsel. The motion to withdraw was received by the AJ on February 2, 2009. The AJ granted the motion to withdraw by order dated February 19, 2009. The order also stated that Felter had thirty days from the date of the order to obtain new representation or prosecute her claim pro se. Felter appealed, pro se, the AJ’s decision to the full Commission on March 4, 2009. The Commission dismissed her petition as untimely because it was not filed within twenty days of the AJ’s January 9, 2009, decision. Felter appealed to circuit court which affirmed. The Court of Appeals also affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Because Felter filed her notice of appeal with the Commission within thirty days of the AJ’s order, on March 4, 2009, she argues her appeal was timely and should have been considered by the full Commission. Miss. Admin. Code 20-2-1:2.10 provides that any party desiring review of the AJ’s decision by the full Commission “shall within twenty (20) days of the date of said decision file . . . a written request or petition for review before the Full Commission.” Miss. Admin. Code 20-2-1:2.14 that an AJ may deviate from procedural rules if a party cannot comply with them. However, any deviation from the time period to appeal an AJ’s decision is permitted only if it is allowed “by statute or case law.” This language suggests that the courts of this state have authority to make allowances for situations in which an AJ may waive the time limit for requesting review of an AJ’s decision. Pursuant to section 71-3-47, an AJ’s decision to “make or deny an award . . . shall be final, unless within twenty (20) days a request or petition for review by the full commission is filed.” If the notice of appeal is not filed within twenty days, the Commission does not have jurisdiction to hear the matter. The Commission will hear an appeal filed after the twenty-day time period only if there are unique facts which would permit the petition to be considered constructively filed within the twenty days. If warranted by the facts of the case, the appellate court is empowered to give an AJ or the Commission the authority to waive the time period for filing a notice of appeal. The facts in this case warrant such an exception. It would be exceedingly unfair to a pro se litigant to be told by an AJ that she may prosecute her appeal within a certain time, for her to comply with the terms of the order, and then to have that order held for naught by the Commission. Erica Felter complied with the ruling of the AJ granting her thirty additional days to pursue an appeal. |
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