Florida District Courts of Appeal, 2004

Rodriguez v. Florida Unemployment Appeals Commission

Florida District Courts of Appeal · Decided March 31, 2004 · Fletcher, Gersten, Shepherd

869 So. 2d 657; 2004 Fla. App. LEXIS 4499; 2004 WL 626048 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Thurman v. UAC (Fla. Dist. Ct. App. 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Roberto S. Rodriguez appeals from a final order of the Unemployment Appeals Commission confirming the dismissal of his internal appeal1 as untimely. However, in the “aviso de apelación” Rodriguez states: “Yo nunca recibi la notificación por coreo.” (“I am appealing because I never received the notice2 in the mail.”) The Commission’s document entitled “Dismissal of appeal due to lack of jurisdiction” contains the appeal referee’s findings of fact as to untimeliness. It does not include a finding as to Rodriguez’ contention of non-receipt of the notice. Under this circumstance, a remand to the agency to hold a hearing to determine the issue of receipt is required. See Holmes v. City of West Palm Beach, 627 So.2d 52 (Fla. 4th DCA 1993).

The order appealed is therefore reversed and the cause is remanded for the required hearing.

. to the appeals referee

. of the initial determination that Rodriguez was not entitled to unemployment benefits

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