Amin v. Mayors Jewelers, Inc.

District Court of Appeal of Florida

Amin v. Mayors Jewelers, Inc.

855 So. 2d 246, 2003 Fla. App. LEXIS 14558, 2003 WL 22213757

CourtDistrict Court of Appeal of Florida

DecidedSeptember 26, 2003

DocketNo. 1D03-3200

StatusPublished

This text of 855 So. 2d 246 (Amin v. Mayors Jewelers, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Amin v. Mayors Jewelers, Inc., 855 So. 2d 246, 2003 Fla. App. LEXIS 14558, 2003 WL 22213757 (Fla. Ct. App. 2003).

Pincite

Opinion

PER CURIAM.

Appellant seeks review of an order of the Unemployment Appeals Commission which found that an appeals referee had erred in determining that the claimant is entitled to benefits. Although a hearing was held before the appeals referee, only the employer made a telephone appearance at that hearing.

The Unemployment Appeals Commission moves for a relinquishment of jurisdiction, stating that it has concluded that appellant’s failure to appear at the hearing [247]*247was attributable to a failure to affix sufficient postage to appellant’s copy of the notice of hearing. Neither party has timely responded to the motion.

Rather than relinquishing jurisdiction, the proper procedure in this circumstance is to reverse the order on appeal and remand to the agency for further proceedings. Stacey v. Department of Professional Regulation, Board of Nursing Home Administrators, 547 So.2d 241 (Fla. 1st DCA 1989). Accordingly, we so order.

REVERSED AND REMANDED.

BOOTH, DAVIS and PADOVANO, JJ., concur.

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