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Bishop v. Mississippi Department of Employment Security

Court of Appeals of Mississippi

August 12, 2014

RENITA BISHOP, APPELLANT
v.
MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY, APPELLEE

DATE OF JUDGMENT: 06/03/2013.

WASHINGTON COUNTY CIRCUIT COURT, HON. W. ASHLEY HINES, TRIAL JUDGE.

RENITA BISHOP, APPELLANT, Pro se.

FOR APPELLEE: ALBERT B. WHITE, LEANNE FRANKLIN BRADY.

BEFORE IRVING, P.J., ISHEE AND ROBERTS, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

ROBERTS, J.:

¶1. Renita Bishop voluntarily quit her job as an assistant manager for Gresham Service Stations in Greenville, Mississippi. She sought unemployment benefits through the Mississippi Department of Employment Security (MDES). The administrative law judge found that Bishop was not entitled to benefits because she

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had voluntarily quit, and the Board of Review affirmed the administrative law judge's decision. Following her unsuccessful appeal to the Washington County Circuit Court, Bishop now appeals to this Court. However, we find that she is not entitled to relief. Accordingly, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. For approximately three years, Bishop worked as an assistant manager for Gresham Service Stations. On October 26, 2012, Bishop voluntarily quit her job during a verbal altercation with her manager and supervisor. The altercation that led to Bishop's decision to quit pertained to whether Bishop was required to clock out during breaks.

¶3. Bishop sought unemployment benefits. The administrative law judge held that Bishop was not entitled to benefits because she voluntarily left her job without good cause for doing so. The Board of Review affirmed the administrative law judge's decision. The circuit court affirmed the Board of Review's judgment. Bishop appeals.

ANALYSIS

¶4. We must first note that Bishop did not cite any authority in her brief. Rule 28(a)(6) of the Mississippi Rules of Appellate Procedure requires an appellant's brief to " contain the contentions of [the] appellant with respect to the issues presented, and the reasons for those contentions, with citations to the authorities, statutes, and parts of the record relied on." Likewise, Mississippi caselaw has consistently held that " [f]ailure to cite any authority is a procedural bar, and [a reviewing court] is under no obligation to consider the assignment." Taylor v. Kennedy, 914 So.2d 1260, 1262 (¶ 4) (Miss.Ct.App. 2005) (citation omitted). We acknowledge that Bishop is representing herself. Even so, the Mississippi Supreme Court has held that " pro se parties should be held to the same rules of procedure and substantive law as ...


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