421 So. 2d 1298 - Security Engineers, Inc. v. Anderson

How this case has been cited

Cited by 5 later decisions — most recently September 2008

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1

¶2This is an unemployment compensation case.

¶3The claimant, Linda J. Anderson, was discharged on April 5, 1981, by her employer, Security Engineers, Inc. (Security), for alleged misconduct and on April 7, 1981, the claimant applied for unemployment compensation. After she was denied compensation, she appealed with the Appeals Referee who reversed the Examiner's Determination. Security appealed this decision to the Alabama State Board of Appeals, which affirmed the Appeals Referee. Security elected to appeal the decision to the Walker County Circuit Court as provided by § 25-4-95, Code of Alabama 1975.

¶4Between the time of the claim and the appeal by Security, Mrs. Anderson moved from where she resided at the time of the claim to Tuscaloosa County, where she now resides. However, during the time period in which to take appeal to the circuit court, it is uncontested that she resided in Tuscaloosa.

¶5The requirements of § 25-4-95 are jurisdictional and failure to file in the proper county requires dismissal. Cruce v.DeMarco Concrete and Block Co., 380 So.2d 900 (Ala.Civ.App. 1980); Director of the State of Alabama Department ofIndustrial Relations v. Nolin, 374 So.2d 903 (Ala.Civ.App. 1979); Quick v. U-Totem of Alabama, 365 So.2d 1245 (Ala.Civ.App. 1979). Here, Security *1299 did not file in the county in which Mrs. Anderson resides as required by § 25-4-95, and the case was correctly dismissed. We find no error in the circuit court's dismissal. We also dismiss.

¶6APPEAL DISMISSED.

¶7BRADLEY, J., concurs.

¶8HOLMES, J., concurs in the result.