CLAIM NO. F211470
Before the Arkansas Workers’ Compensation Commission
ORDER FILED FEBRUARY 18, 2004
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE MICHAEL HAMBY, Attorney at Law, Greenwood, Arkansas.
Respondents represented by the HONORABLE JEFFREY RICKARD, Attorney at Law, Fort Smith, Arkansas.
ORDER
This matter is currently before the Full Commission on the claimant’s attorney’s Motion to Dismiss Claimant’s Appeal to the Arkansas Court of Appeals and the claimant’s attorney’s Motion to Withdraw as Counsel.
This matter is currently pending before the Arkansas Court of Appeals and the Commission has no jurisdiction. After duly considering the claimant’s attorney’s motion and all other matters properly before the Commission, we find that we do not have authority to dismiss the appeal. Pursuant to Ark. R.App.P. Rule 3(b), this Commission can dismiss an appeal to the Court of Appeals only if the motion to dismiss is filed with the Commission before the record is docketed with the Court, and if all parties to the appeal petition for dismissal and jointly stipulate that the case is to be dismissed. In Re Arkansas Rules of Appellate Procedure 3(b).
In the present case, the claimant and the respondents have not jointly stipulated to dismiss the appeal. Because the Commission is without jurisdiction over this claim, we have no authority to grant the claimant’s attorney’s motion. Therefore, we find that the claimant’s attorney’s Motion to Dismiss Claimant’s Appeal to the Arkansas Court of Appeals must be and hereby is denied. The motion must be made to the Court of Appeals.
We further find that the claimant’s attorney’s motion to withdraw as counsel must be and hereby is denied.
IT IS SO ORDERED.
________________________________ OLAN W. REEVES, Chairman
________________________________ SHELBY W. TURNER, Commissioner
________________________________ KAREN H. McKINNEY, Commissioner