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Azule v. Florida Unemployment Appeals Commission

829 So. 2d 274, 2002 Fla. App. LEXIS 13925, 2002 WL 31114566
CourtDistrict Court of Appeal of Florida
DecidedSeptember 25, 2002
DocketNo. 3D01-2995
StatusPublished

This text of 829 So. 2d 274 (Azule v. Florida Unemployment Appeals Commission) 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.

Bluebook
Azule v. Florida Unemployment Appeals Commission, 829 So. 2d 274, 2002 Fla. App. LEXIS 13925, 2002 WL 31114566 (Fla. Ct. App. 2002).

Opinion

SHEVIN, J.

We reverse the order denying appellant unemployment benefits. Appellant did not appear at the hearing, and the record demonstrates that the notice of hearing was not sent to her current address. As failure to provide notice to a current address is a due process violation, see Oliver v. Unemployment Appeals Comm’n, 616 So.2d 1088 (Fla. 4th DCA 1993); see also Brennan v. Paul Barabas Interiors, 357 So.2d 746 (Fla. 4th DCA 1978), we reverse and remand for an evidentiary hearing concerning this issue. If the referee determines that notice was improperly mailed, the referee shall conduct a new hearing on the merits of appellant’s claim.

Reversed and remanded.

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Related

Oliver v. UNEMPLOYMENT APPEALS COM'N
616 So. 2d 1088 (District Court of Appeal of Florida, 1993)
Brennan v. Paul Barabas Interiors
357 So. 2d 746 (District Court of Appeal of Florida, 1978)

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Bluebook (online)
829 So. 2d 274, 2002 Fla. App. LEXIS 13925, 2002 WL 31114566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/azule-v-florida-unemployment-appeals-commission-fladistctapp-2002.