Florida District Courts of Appeal, 2014

Soler v. Reemployment Assistance Appeals Commission

Soler v. Reemployment Assistance Appeals Commission
Florida District Courts of Appeal · Decided August 6, 2014 · Salter, Shepherd, Suarez
143 So. 3d 1154; 2014 WL 3844152; 2014 Fla. App. LEXIS 12035 (Southern Reporter, Third Series)

Soler v. Reemployment Assistance Appeals Commission

Opinion of the Court

PER CURIAM.

Affirmed. See § 443.151(4)(b)(6), Fla. Stat. (2013) (“The referee’s decision is final unless further review is initiated under paragraph (c) within 20 days after the date of mailing notice of the decision to the party’s last known address or, in lieu of mailing, within 20 days after the delivery of the notice.”); Fla. Admin. Code Ann. R. 73B-20.007(2) (“If the referee finds that the appeal was not filed within the time allowed by the law, it shall be dismissed.”); Espinosa v. Cableoptics, Inc., 807 So.2d 195, 195-96 (Fla. 3d DCA 2002) (“Pursuant to section 443.151(4)(b) 3, Fla. Stat. (1997), an aggrieved party has twenty days after the mailing or delivery of the referee’s decision to initiate an appeal with the U.A.C. An appeal which is not timely perfected within twenty days is subject to dismissal pursuant to Florida Administrative Code Rule 38E-3.006. As the appel-lees correctly point out, there are no good cause exceptions to this dismissal rule.”)

Concurring Opinion

SALTER, J.

(concurring).

For the reasons explained in the separate appeal involving the same claimant/appellant and benefits period, I concur only in the result; Soler v. Reemployment Assistance App. Comm’n, Case No. 3D11-2510, 2014 WL 3844150 (Fla. 3d DCA 2014). Although we ultimately granted consolidation for the limited purpose of hearing oral argument on both of Ms. Sol-er’s appeals, I respectfully submit that our *1155decisionmaking would have been expedited by consolidating the cases for all purposes.

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