PROCEDURE, Circuit court review, Claim of Appeal, Proof of service
CITE AS: Stevens v Payless Shoes, Inc., Ottawa Circuit Court, No. 90-12969-AE (July 19, 1994)
Appeal pending: No
Claimant: John F. Stevens
Employer: Payless Shoes, Inc.
Docket No. B89-03026-111804W
CIRCUIT COURT HOLDING: Proof that the claim of appeal was served on the Board of Review, the MESC, and the other party must be filed by the appellant before the circuit court has jurisdiction over those parties.
FACTS: Claimant attempted to appeal to the circuit court from a Board of Review order which denied claimant's request for reopening of the Board's underlying decision. First, the claimant filed a document with the court entitled "notice of appeal." The claimant did not name the MESC on the notice of appeal. He subsequently filed another document entitled "designation of records." Neither the "notice of appeal" nor the " designation of records" asserted that service of the claim of appeal had been made on the Board of Review, the MESC or the employer. The court ordered the MESC to produce the certified record. An affidavit was filed on behalf of the MESC averring that the certified record had not been produced because the claimant had not served a claim of appeal on the Board of Review, therefore the file had been purged.
DECISION: Claimant's appeal was dismissed for lack of jurisdiction.
RATIONALE: MCR 7.104(B)(1)(b) requires that the appellant file a claim of appeal with the court and prove that a copy of the claim of appeal was served on the board of review and all interested parties. " 'Service of the notice of the claim of appeal is the means whereby the circuit court obtains jurisdiction over the parties to the appeal.' Cody v Wickman, Inc., 137 Mich App 560,566; 358 NW2d 372 (1984)." Since the claimant failed to file proof with the court that the claim of appeal had been served, the court never obtained jurisdiction over the Board, Payless, or the MESC.
14, 13: N/A