Marcellus v. Montgomery Realty Investors
Marcellus v. Montgomery Realty Investors
Opinion of the Court
ON MOTION TO DISMISS
The Unemployment Appeals Commission moves to dismiss the appeal on the ground that appellant has not filed her initial brief in accordance with Florida Rule of Appellate Procedure 9.110(f). Upon consideration of the motion, we treat appellant’s written statement of her case as a brief and deny appellee’s motion to dismiss the appeal.
Appellant seeks reversal of an order of the Unemployment Appeals Commission barring, as untimely, her appeal from a referee’s decision denying unemployment benefits. According to the appellant, she was untimely in filing her notice of appeal because the Notice of Decision was in English and claimant speaks and reads only Creole.
The contention that fundamental fairness requires notice to be given in the claimant’s native language was rejected by this court in
The Unemployment Appeals Commission’s motion to dismiss the appeal on the basis of rule 9.110(f) is denied. The order of the Unemployment Appeals Commission, denying claimant’s appeal of the referee’s decision as untimely, is Affirmed.
Reference
- Full Case Name
- Exanise MARCELLUS v. MONTGOMERY REALTY INVESTORS and Miami Airport Hotel Association, and Florida Unemployment Appeals Commission
- Cited By
- 1 case
- Status
- Published