CLAIM NO. E704960
Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 15, 2000
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant appears pro se.
Respondents represented by DAVID S. WILSON, III, West Memphis, Arkansas.
ORDER
This matter is currently before the Commission on respondent’s Motion to Withdraw Appeal to The Arkansas Court of Appeals. The claimant, who is acting pro se, has filed no response to this motion.
This matter is currently pending before the Arkansas Court of Appeals and the Commission has no jurisdiction. After duly considering the respondent’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. See also, In Re Arkansas Rules ofAppellate Procedure 3(b), 296 Ark. 580, 756 S.W.2d LXXV (1988). In the present case, the claimant and respondent have not jointly stipulated to dismiss the appeal. Because the Commission is without jurisdiction over this claim, we have no authority to grant the respondent’s motion. Therefore, we find that the respondent’s Motion to Withdraw Appeal to The Arkansas Court of Appeals must be and hereby is denied. The respondent’s motion must be made to 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