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Gunderson v Rose Hill Realty 16.47

Section 38

PROCEDURE, Jurisdiction, Timeliness of appeal to circuit court

CITE AS: Gunderson v Rose Hill Realty, 136 Mich App 559 (1984)

Appeal pending: No

Claimant: Judy Gunderson

Employer: Rose Hill Realty

Docket No. B78-10356-62930

COURT OF APPEALS HOLDING: The circuit court has no jurisdiction over an appeal not filed within the statutory appeal period.

FACTS: The claimant was paid unemployment benefits. Later, the Commission issued a redetermination requiring her to make restitution of the benefits received and found her disqualified for refusing an offer of work. The claimant appealed to the Referee. The Referee affirmed the redetermination. The claimant appealed to the Board of Review. The Board reversed the Referee decision. The employer requested rehearing by the Board. The Board granted rehearing and reversed its prior decision. The claimant then requested rehearing but her request was denied. Subsequently, the claimant filed a motion for a delayed appeal with the circuit court. The circuit court granted the claimant's motion. The request for rehearing was denied. The Commission appealed to the Court of Appeals

DECISION: The claimant's appeal is dismissed. The circuit court lacked jurisdiction.

RATIONALE: The statutory appeal period cannot be extended by court rules. The trial court erred in granting the claimant's delayed leave to appeal by incorporating GCR 1963, 701.2(2)(c) into GCR 1963, 706.2. The circuit court could only obtain jurisdiction if the claimant filed her appeal within the time prescribed by Section 38 of the Michigan Employment Security Act.



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