Opinion
CLAIM NO. E201847
ORDER FILED JANUARY 11, 1995
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant appears pro se.
Respondents represented by FRANCES E. SCROGGINS, Attorney at Law, Little Rock, Arkansas.
ORDER
This case comes on for review before the Commission on respondent's motion to dismiss claimant's appeal to the Arkansas Court of Appeals.
After consideration of respondent's motion, claimant's failure to respond thereto and all other matters properly before the Commission, we find that respondent's motion should be denied.
On August 16, 1994, the Full Commission affirmed and adopted an opinion of the Administrative Law Judge. Thereafter, claimant filed a notice of appeal to the Arkansas Court of Appeals. Respondent has now filed a motion to dismiss claimant's appeal as untimely filed, to which claimant has failed to respond.
We do not have authority to dismiss this appeal. The Arkansas Supreme Court, in a per curiam order dated September 19, 1988, In Re: Arkansas Rules of Appellant Procedure 3(b), stated:
In Johnson v. Carpenter, 290 Ark. 255, 718 S.W.2d 434 (1986), we stated clearly that appeals were not to be dismissed by trial courts. There is one exception to that statement. A trial court should have the power to dismiss an appeal before the record is docketed with this court or the court of appeals if all parties to the appeal stipulate that it is to be dismissed and they petition the trial court to dismiss it.
Since only respondent has petitioned the Commission to dismiss the appeal, we find that respondent's motion to dismiss claimant's appeal to the Arkansas Court of Appeals should be, and hereby is, denied. Respondent's motion must be addressed to the Arkansas Court of Appeals.
IT IS SO ORDERED.