Florida District Courts of Appeal, 2004

Levert v. Florida Unemployment Appeals

Levert v. Florida Unemployment Appeals
Florida District Courts of Appeal · Decided March 31, 2004 · Cope, Fletcher, Ramirez
868 So. 2d 680; 2004 Fla. App. LEXIS 4501; 2004 WL 625818 (Southern Reporter, Second Series)

Levert v. Florida Unemployment Appeals

Opinion of the Court

PER CURIAM.

Claimant Jean G. Levert appeals an order of the Unemployment Appeals Commission which affirmed the appeals referee’s dismissal of his untimely appeal from a claims adjudication denying unemployment compensation benefits. We agree that the late filing deprived the referee of jurisdiction to consider the merits of Levert’s claim. See § 44S.151(3)(a), (4)(b), Fla. Stat. (2003); Fla. Admin. Code, R. 60BB-5.007. As in Leon v. Unemployment Appeals Com’n, 476 So.2d 761 (Fla. 3d DCA 1985), Levert does not dispute that the notice of appeal was untimely. We therefore accept the appeals referee’s finding of untimeliness. The failure to comply with applicable review procedures compels us to affirm the Commission’s order.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.