Ferrero v. Unemployment Appeals Commission

District Court of Appeal of Florida

Ferrero v. Unemployment Appeals Commission

829 So. 2d 993, 2002 Fla. App. LEXIS 16822, 2002 WL 31505672

CourtDistrict Court of Appeal of Florida

DecidedNovember 13, 2002

DocketNo. 2D01-4201

StatusPublished

Cited by1 cases

This text of 829 So. 2d 993 (Ferrero v. 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.

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Ferrero v. Unemployment Appeals Commission, 829 So. 2d 993, 2002 Fla. App. LEXIS 16822, 2002 WL 31505672 (Fla. Ct. App. 2002).

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Opinion

BLUE, Chief Judge.

Erik P. Ferrero appeals the order by the Unemployment Appeals Commission (UAC) that dismissed his appeal as untimely. He argues on appeal that he did not receive a copy of the appeals referee’s order. As in Landrum v. James Rummer Timber Harvesting, Inc., 645 So.2d 577, 578 (Fla. 2d DCA 1994), because the mailing date on the referee’s decision was insufficient to rebut such a claim, “the record on appeal does not contain competent substantial evidence to support the UAC’s finding that the appeal was untimely.” Alternatively, it is possible that Ferrero was attempting to appeal the repayment decision, in which case the appeal was timely. Accordingly, we reverse and remand for an evidentiary hearing on whether the appeal was timely.

Reversed and remanded.

DAVIS and KELLY, JJ., concur.

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BLUE, Chief Judge.

Erik P. Ferrero appeals the order by the Unemployment Appeals Commission (UAC) that dismissed his appeal as untimely. He argues on appeal that he did not receive a copy of the appeals referee’s order. As in Landrum v. James Rummer Timber Harvesting, Inc., 645 So.2d 577, 578 (Fla. 2d DCA 1994), because the mailing date on the referee’s decision was insufficient to rebut such a claim, “the record on appeal does not contain competent substantial evidence to support the UAC’s finding that the appeal was untimely.” Alternatively, it is possible that Ferrero was attempting to appeal the repayment decision, in which case the appeal was timely. Accordingly, we reverse and remand for an evidentiary hearing on whether the appeal was timely.

Reversed and remanded.

DAVIS and KELLY, JJ., concur.

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829 So. 2d 993, 2002 Fla. App. LEXIS 16822, 2002 WL 31505672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferrero-v-unemployment-appeals-commission-fladistctapp-2002.

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