Linden v. Reemployment

• Court: District Court of Appeal of Florida
• Decided: January 1, 2018
• Docket: 5D17-1051
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

GINA M. LINDEN,

Appellant,

v. Case No. 5D17-1051

REEMPLOYMENT ASSISTANCE APPEALS COMMISSION,

Appellee.

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Opinion filed January 5, 2018

Administrative Appeal from the Reemployment Assistance Appeals Commission.

Gina M. Linden, Windermere, pro se.

Amanda L. Neff, Deputy General Counsel and Chief Appellate Attorney, of Reemployment Assistance Appeals Commission, Tallahassee, for Appellee.

PER CURIAM.

Gina M. Linden appeals from an order of the Reemployment Assistance Appeals

Commission (“RAAC”) dismissing her appeal of an administrative decision denying

unemployment compensation benefits as untimely. We affirm.

Ms. Linden contends that she had good cause for failing to timely file her appeal

with the RAAC. Unfortunately, section 443.151(4)(b)1., Florida Statutes (2016), which governs appeals from RAAC determinations, does not provide a “good cause” exception

that would permit the RAAC to accept an untimely appeal. See Thurmond v. Fla.

Unemployment Appeals Comm’n, 881 So. 2d 89, 91 (Fla. 1st DCA 2004). The courts

have carved out a limited exception in cases where the claimant alleges the untimeliness

of unemployment appeals was “occasioned by the actions of the Commission.” Assam

v. Fla. Unemployment Appeals Comm’n, 871 So. 2d 978, 980 (Fla. 3d DCA 2004).

However, that has not been demonstrated here. Therefore, although sympathetic to her

plight, we must affirm the RAAC decision.

AFFIRMED.

ORFINGER, EVANDER and WALLIS, JJ., concur.