CLAIM NO. E600375
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JULY 11, 2000
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by RICHARD MUSE, Attorney at Law, Hot Springs, Arkansas.
Respondent represented by WALTER MURRAY, Attorney at Law, Little Rock, Arkansas.
ORDER
This case comes before the Full Commission on the claimant’s Motion to Withdraw his Notice of Appeal to the Arkansas Court of Appeals. After duly considering the claimant’s motion and all other matters properly before the Commission, we find that we do not have the authority to dismiss the claimant’s 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. See also, InRe Arkansas Rules of Appellate Procedure 3(b), 296, Ark. 580, 756 S.W.2d LXXV (1988). In the present case, the claimant and the respondent have not jointly stipulated to withdraw the claimant’s appeal. Therefore, we find that the claimant’s motion to withdraw the appeal must be and hereby is denied. The claimant’s motion must be addressed with the Court of Appeals.
IT IS SO ORDERED.
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ELDON F. COFFMAN, Chairman
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PAT WEST HUMPHREY, Commissioner
_______________________________ MIKE WILSON, Commissioner