Miss. Employment Sec. Comm'n v. Parker
| Docket Number: | 2003-CT-00114-SCT Linked Case(s): 2003-CC-00114-COA ; 2003-CT-00114-SCT ; 2003-CC-00114-COA |
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| Supreme Court: | Opinion Link Opinion Date: 01-27-2005 Opinion Author: Dickinson, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Unemployment benefits - Timeliness of appeal - Section 71-5-519 - Applicability of M.R.C.P. 6(e) Judge(s) Concurring: Smith, C.J., Waller and Cobb, P. JJ., Easley, Carlson and Randolph, JJ., Non Participating Judge(s): Diaz, J. Concurs in Result Only: Graves, J. Procedural History: Admin or Agency Judgment Nature of the Case: State Boards and Agencies |
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| Trial Court: |
Date of Trial Judgment: 12-06-2002 Appealed from: PEARL RIVER COUNTY CIRCUIT COURT Judge: R. I. Prichard, III Disposition: Board of Review, which dismissed the appeal as untimely. Parker then appealed to the Circuit Court of Pearl River County, which reversed the decision of the Board of Review. Case Number: 2002-0336 |
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| Note: | We reverse the judgments of the Court of Appeals and the Circuit Court of Pearl River County, and we render judgment reinstating and affirming the decision of the Board of Review which dismissed Parker’s appeal as untimely. | |
| Party Name: | Attorney Name: | |||
| Appellant: | MISSISSIPPI EMPLOYMENT SECURITY COMMISSION |
B. RAY THERRELL |
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| Appellee: | ALBERTA PARKER | PRO SE |
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| Topic: | Unemployment benefits - Timeliness of appeal - Section 71-5-519 - Applicability of M.R.C.P. 6(e) |
| Summary of the Facts: | While employed as a dietary supervisor at Crosby Memorial Hospital, Alberta Parker was discharged for unsatisfactory job performance. Parker filed for unemployment benefits, but was disqualified by the claims examiner for misconduct. Parker appealed, and an appeals referee found that Parker had been discharged for misconduct. Parker appealed to the Board of Review of the Mississippi Employment Security Commission which dismissed the appeal as untimely. Parker appealed to circuit court which reversed the decision of the Board of Review. The Court of Appeals affirmed the circuit court decision, and the MESC appeals. |
| Summary of Opinion Analysis: | MESC argues that Parker failed to timely file her notice of appeal to the Board of Review. Under section 71-5-519, Parker had 14 days from the mailing of the decision to file her notice of appeal to the Board of Review. Where notice of the referee’s decision is sent by mail, the fourteen-day time period begins to run on the date that notice is mailed. The circuit court applied M.R.C.P. 6(e) which allows three days to be added to the prescribed period. Because the Mississippi Employment Security Commission is not a circuit, chancery or county court, the Mississippi Rules of Civil Procedure are not applicable to its administrative hearings or appeals. The 14 days for Parker’s appeal began to run on July 1, 2002, and expired on July 15, 2002. Parker did not file her notice of appeal until July 16, 2002. Therefore, her appeal was untimely. |
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