Cromwell v. Miss. Dep't of Employment Sec., et al.
| Docket Number: | 2010-CC-01249-COA Linked Case(s): 2010-CC-01249-COA ; 2010-CT-01249-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-19-2011 Opinion Author: Irving, P.J. Holding: APPEAL DISMISSED |
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| Additional Case Information: |
Topic: Unemployment benefits - Timeliness of appeal - M.R.A.P. 4(a) Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 06-14-2010 Appealed from: Marshall County Circuit Court Judge: Andrew K. Howorth Disposition: AFFIRMED THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY’S DECISION TO DENY BENEFITS Case Number: CV2009-000685 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | William R. Cromwell |
PRO SE |
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| Appellee: | Mississippi Department of Employment Security and Big M Transportation, Inc. | LEANNE F. BRADY | ||
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: | Unemployment benefits - Timeliness of appeal - M.R.A.P. 4(a) |
| Summary of the Facts: | William Cromwell filed an unsuccessful application for unemployment benefits to the Mississippi Department of Employment Security. After MDES denied Cromwell’s application, the circuit court affirmed. Cromwell appeals. |
| Summary of Opinion Analysis: | The circuit court rendered its judgment on June 14, 2010, but the judgment was not filed until June 22, 2010. Cromwell received permission to proceed in forma pauperis in early July but did not file his notice of appeal until July 29, 2010. According to M.R.A.P. 4(a), an appellant has thirty days from the date of a judgment in which to file an appeal of that judgment. Under that time restriction, Cromwell had until July 22, 2010, to file his notice of appeal. Timely notice of appeal is jurisdictional. Accordingly, Cromwell’s appeal is dismissed for lack of jurisdiction. |
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