Levert v. Florida Unemployment Appeals

District Court of Appeal of Florida

Levert v. Florida Unemployment Appeals

868 So. 2d 680, 2004 Fla. App. LEXIS 4501, 2004 WL 625818

CourtDistrict Court of Appeal of Florida

DecidedMarch 31, 2004

DocketNo. 3D03-1723

StatusPublished

Cited by1 cases

This text of 868 So. 2d 680 (Levert v. Florida Unemployment Appeals) 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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Levert v. Florida Unemployment Appeals, 868 So. 2d 680, 2004 Fla. App. LEXIS 4501, 2004 WL 625818 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Claimant Jean G. Levert appeals an order of the Unemployment Appeals Commission which affirmed the appeals referee’s dismissal of his untimely appeal from a claims adjudication denying unemployment compensation benefits. We agree that the late filing deprived the referee of jurisdiction to consider the merits of Levert’s claim. See § 44S.151(3)(a), (4)(b), Fla. Stat. (2003); Fla. Admin. Code, R. 60BB-5.007. As in Leon v. Unemployment Appeals Com’n, 476 So.2d 761 (Fla. 3d DCA 1985), Levert does not dispute that the notice of appeal was untimely. We therefore accept the appeals referee’s finding of untimeliness. The failure to comply with applicable review procedures compels us to affirm the Commission’s order.

Affirmed.

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PER CURIAM.

Claimant Jean G. Levert appeals an order of the Unemployment Appeals Commission which affirmed the appeals referee’s dismissal of his untimely appeal from a claims adjudication denying unemployment compensation benefits. We agree that the late filing deprived the referee of jurisdiction to consider the merits of Levert’s claim. See § 44S.151(3)(a), (4)(b), Fla. Stat. (2003); Fla. Admin. Code, R. 60BB-5.007. As in Leon v. Unemployment Appeals Com’n, 476 So.2d 761 (Fla. 3d DCA 1985), Levert does not dispute that the notice of appeal was untimely. We therefore accept the appeals referee’s finding of untimeliness. The failure to comply with applicable review procedures compels us to affirm the Commission’s order.

Affirmed.

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868 So. 2d 680, 2004 Fla. App. LEXIS 4501, 2004 WL 625818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levert-v-florida-unemployment-appeals-fladistctapp-2004.

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