David Winnett v. Hagar Enterprises, Inc.

Insurance Company


Date Decided

April 30, 2021

Panel Members

David Hirtle


Failure to Prosecute Procedure Failure to Prosecute Procedure


Appellate Rules

File Size

86 KB


Summary from the Troubh Heisler Attorneys

This decision addresses application of Board Rule Ch. 13 governing appeals to the Appellate Division. The ALJ issued a decision on Oct. 2, 2020. Winnett emailed a Notice of Appeal to the Appellate Division on Oct. 21, 2020. The Appellate Division advised him he needed to file an original Notice. He did not do so. The Appellate Division further advised Winnett he needed to file a request for waiver of costs and the Record on Appeal. He did neither. Memic moved to dismiss. The Appellate Division sent notice to Winnett via several methods advising he needed to respond to the motion. He did not. Judge Hirtle on behalf of the panel Ordered that the appeal be dismissed.

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