Lower court erred in dismissing appeal where clerk failed to give proper notice
News
Monday, September 23, 2019

Lower court erred in dismissing appeal where clerk failed to give proper notice

By Payroll and Entitlements Editorial Staff

After the claimant was denied benefits and filed an appeal, his attorney withdrew, leaving the claimant to proceed pro se. The claimant then failed to file an appellate brief and the circuit court granted the agency’s  motion to dismiss. However, the court found that the record failed to show that the clerk gave the claimant a written notice of his deficiencies before the court dismissed the appeal. The court found that the circuit  court erred in dismissing the appeal and reversed and remanded the case so that the claimant could be given proper notice and an opportunity  to cure the deficiencies (Milton Pilate v. MDES and Powell Transportation Company, Miss. Ct. of App, No. 2018-CC-00964-COA, July 16, 2019).

Back to Top

Interested in submitting an article?

Submit your information to us today!

Learn More