Wayne Boyd v. Winn Dixie Stores, Inc. and Texas Workforce Commission ( 2004 )

11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Wayne Boyd

            Appellant

Vs.                  No. 11-03-00283-CV -- Appeal from Callahan County

Winn Dixie Stores, Inc. and

Texas Workforce Commission

            Appellees

            After the Texas Workforce Commission (TWC) denied Wayne Boyd’s application for unemployment benefits, he sought review of the TWC’s decision in a district court in Taylor County. The district court dismissed Boyd’s claim for want of jurisdiction for failure to bring a timely suit for judicial review. Boyd did not appeal that judgment. Following the dismissal in Taylor County, Boyd filed suit in district court in Callahan County. That court also dismissed Boyd’s claim for want of jurisdiction for failure to bring a timely suit for judicial review. Boyd appeals the Callahan County decision; he filed the lawsuit pro se and brings the appeal pro se. We affirm.

            A party aggrieved by a final decision of the TWC may obtain judicial review of the decision by bringing an action in a court of competent jurisdiction on or after the date on which the decision is final and not later than the 14th day after that date. TEX. LAB. CODE ANN. § 212.201(a) (Vernon 1996). A commission decision becomes final 14 days after it is mailed to the parties. TEX. LAB. CODE ANN. § 212.153 (Vernon 1996). Therefore, the suit contesting the decision of the TWC must be filed within 28 days after the TWC mails its decision. The deadline found in Section 212.201(a) is a jurisdictional prerequisite for seeking judicial review. See Heart Hospital IV, L.P. v. King, 116 S.W.3d 831, 835 (Tex.App. - Austin 2003, pet’n filed).

            In this case, the TWC mailed its final decision on April 23, 2002. The decision became final on May 7, 2002. The deadline for judicial review was May 21, 2002. Boyd did not file suit in Callahan County until January 31, 2003, more than 8 months after the statutory deadline. Because Boyd did not meet the statutory prerequisites for judicial review of the TWC’s decision, the trial court was without jurisdiction to hear the case.

            In essence, because Boyd did not comply with the deadline set forth in the statute, sovereign immunity had not been waived. The proper remedy was to dismiss the lawsuit for want of juris-diction. Speer v. Stover, 685 S.W.2d 22, 23 (Tex.1985). The the trial court did not err by dismissing the case for want of jurisdiction.

            We affirm the judgment of the Callahan County trial court.

                                                                                                PER CURIAM

October 21, 2004

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.