Florida District Courts of Appeal, 2001

Ney v. Unemployment Appeals Commission

Ney v. Unemployment Appeals Commission
Florida District Courts of Appeal · Decided February 28, 2001 · Klein, Polen, Taylor
778 So. 2d 509; 2001 Fla. App. LEXIS 2168; 2001 WL 194904 (Southern Reporter, Second Series)

Ney v. Unemployment Appeals Commission

Opinion of the Court

ON MOTION FOR REHEARING

POLEN, J.

On appellee’s motion for rehearing, we vacate our December 7, 2000, order remanding this case to the Unemployment Appeals Commission (“UAC”) for an evi-dentiary hearing to determine whether appellant timely received a copy of the UAC’s order. We, instead, dismiss this appeal without prejudice so that appellant may petition the UAC to consider vacating its original order and enter a new, appeal-able final order. See Etienne v. Simco Recycling Corp., 721 So.2d 399 (Fla. 3d DCA1998).

KLEIN and TAYLOR, JJ., concur.

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