Giles v. Reemployment Assistance Appeals Commission
Giles v. Reemployment Assistance Appeals Commission
Opinion of the Court
Carol Giles appeals a final order of the Reemployment Assistance Appeals Commission (“Commission”). The Commission’s order dismissed as untimely Giles’ appeal of a decision of a reemployment assistance appeals referee which reversed an initial determination finding that Giles qualified for reemployment assistance benefits. Before dismissing the appeal, the Commission issued an order for Giles to show cause why the appeal should not be considered untimely because of her failure to file the appeal within twenty
Due process and fairness concerns are implicated where “the delay in filing the notice of appeal ‘was occasioned by the actions of the Commission.’ ” Pollett v. Florida Unemployment Appeals Comm’n, 928 So.2d 469, 470 (Fla. 1st DCA 2006) (quoting Thurman v. Florida Unemployment Appeals Comm’n, 881 So.2d 89, 91 (Fla. 1st DCA 2004)). Here, as in Pollett, Giles is entitled to a hearing to determine whether she received erroneous information from the Commission, and if so, what bearing it had on the timeliness of her appeal. Id.
Accordingly, we REVERSE and REMAND for an evidentiary hearing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.