Cusson v. Florida Unemployment Appeals Commission

District Court of Appeal of Florida

Cusson v. Florida Unemployment Appeals Commission

944 So. 2d 1236, 2006 Fla. App. LEXIS 21529, 2006 WL 3751484

District Court of Appeal of Florida·Decided December 22, 2006·No. No. 1D05-4266·Published

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PER CURIAM.

Appellant appeals from the final order of the Unemployment Appeals Commission (UAC). The UAC’s final order upheld the appeals referee’s decision to dismiss appellant’s administrative appeal, pursuant to Rule 60BB-5.007(2), Florida Administrative Code. This dismissal was based upon the referee’s finding that the appeal was not timely filed. Because the record contains competent substantial evidence supporting the referee’s determination that the appeal was filed untimely, dismissal of the appeal was appropriate. Accordingly, we affirm the final order of the UAC.

AFFIRMED.

POLSTON and HAWKES, JJ., CONCUR; WEBSTER, J. DISSENTS WITH OPINION.

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PER CURIAM.

Appellant appeals from the final order of the Unemployment Appeals Commission (UAC). The UAC’s final order upheld the appeals referee’s decision to dismiss appellant’s administrative appeal, pursuant to Rule 60BB-5.007(2), Florida Administrative Code. This dismissal was based upon the referee’s finding that the appeal was not timely filed. Because the record contains competent substantial evidence supporting the referee’s determination that the appeal was filed untimely, dismissal of the appeal was appropriate. Accordingly, we affirm the final order of the UAC.

AFFIRMED.

POLSTON and HAWKES, JJ., CONCUR; WEBSTER, J. DISSENTS WITH OPINION.

Cusson v. Florida Unemployment Appeals Commission, 944 So. 2d 1236, 2006 Fla. App. LEXIS 21529, 2006 WL 3751484 (Fla. Ct. App. 2006).

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