Florida District Courts of Appeal, 1999

Barnes v. State, Unemployment Appeals Commission

Barnes v. State, Unemployment Appeals Commission
Florida District Courts of Appeal · Decided April 21, 1999 · Northcutt, Parker, Patterson
779 So. 2d 300; 1999 Fla. App. LEXIS 5097; 1999 WL 228153 (Southern Reporter, Second Series)

Barnes v. State, Unemployment Appeals Commission

Opinion of the Court

PATTERSON, Judge.

Gladys Barnes appeals from a final order which dismisses her appeal to the Unemployment Appeals Commission (UAC) as untimely. The UAC must dismiss an appeal filed later than twenty days from the date the appeals referee’s decision is mailed (or if not mailed, delivered) to the parties. See § 443.151(4)(b)3., Fla. Stat. (1997); Fla. Admin. Code R. 38E-3.006. Here, Barnes filed her appeal 133 days after the deadline expired. Nothing in the record suggests that she did not receive notice of the appeals referee’s decision. Thus, the UAC properly dismissed Barnes’ appeal as untimely, and we affirm the UAC’s order.

Affirmed.

PARKER, C.J., and NORTHCUTT, J., Concur.

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