CLAIM NO. F310364
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JUNE 2, 2006
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the Honorable Jim R. Burton, Attorney at Law, Jonesboro, Arkansas.
Respondents No. 1 represented by the Honorable J. Chris Bradley, Attorney at Law, North Little Rock, Arkansas.
Respondent No. 2 represented by the Honorable Judy W. Rudd, Attorney at Law, Little Rock, Arkansas.
ORDER
This matter comes on for review before the Commission on Respondent No. 2’s Motion for Expedited Dismissal of Appeal to the Court of Appeals. The Full Commission rendered a decision on January 23, 2006. Respondent No. 2 filed an appeal with the Court of Appeals on February 17, 2006. At the same time, Respondent No. 2 also lodged the record with the Court of Appeals. However, they have not yet perfected the appeal by paying the filing fee to the Court of Appeals. Respondent No. 2 now seeks a dismissal of its appeal. The other parties have jointly stipulated to dismiss the appeal.
After duly considering Respondent No. 1’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).
It is apparent that the notice of appeal has already been filed and the record has already been lodged with the Court of Appeals. Accordingly, we find that we do not have jurisdiction over the present matter.
Therefore, we find that Respondent No. 1’s Motion for Expedited Dismissal must be and hereby is denied. The motion must be addressed with the Court of Appeals.
IT IS SO ORDERED.
_______________________________ OLAN W. REEVES, Chairman
_______________________________ SHELBY W. TURNER, Commissioner
_______________________________ KAREN H. McKINNEY, Commissioner