Opinion

Dees v. Department of Industrial Relations

  • 595 So. 2d 899
  • 1992 Ala. Civ. App. LEXIS 33
  • 1992 WL 8849
Court
Court of Civil Appeals of Alabama
Filed
Jan 24, 1992
Status
Published
Author
Robertson
On the bench
Robertson, Thigpen, Russell
Cited by
2 cases
Authority
More cited than 56.1%

issuing writ of mandamus to trial-court judge to dismiss untimely appeal in unemployment-compensation matter in response to petition filed by Department's predecessor agency challenging order denying motion to dismiss

How later courts described this case

  • issuing writ of mandamus to trial-court judge to dismiss untimely appeal in unemployment-compensation matter in response to petition filed by Department's predecessor agency challenging order denying motion to dismiss

Written by the judges who cited it.

The opinion

ROBERTSON, Presiding Judge.

This is a petition for writ of mandamus.

Latanya Dees was fired from her job as a hairstylist/cosmetologist at the McRae’s Department Store in Mobile, Alabama. Consequently, she filed for unemployment compensation, which was granted, but the decision granting it was later reversed by a referee. Ms. Dees appealed the referee’s decision to the Department of Industrial Relations Board of Appeals. The Board denied the appeal, and that decision became final on May 13, 1991. On June 13, 1991, 31 days later, Ms. Dees filed a notice of appeal in the Circuit Court of Mobile County. The Department of Industrial Relations moved to dismiss the appeal in circuit court as untimely. This motion was denied by the trial court. Hence, this petition for a writ of mandamus, ordering the circuit judge to dismiss the appeal.

The sole issue in this case is whether mandamus should issue to the trial court to order a dismissal of the appeal for lack of jurisdiction.

The timely filing of the notice of appeal is necessary to invoke the jurisdiction of the trial court. See Quick v. Uto-tem of Alabama, Inc., 365 So.2d 1245 (Ala. Civ.App.1979); Director of State Dep’t of Industrial Relations v. Nolin, 374 So.2d 903 (Ala.Civ.App.1979). That time period is 30 days from the date the decision became final. Section 41-22-20, Ala. Code 1975; see Ex parte Varner, 571 So.2d 1108 (Ala. 1990). Consequently, the writ of mandamus is due to be granted.

WRIT GRANTED.

THIGPEN and RUSSELL, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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