MAGALY H. BENITEZ v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION

• Court: District Court of Appeal of Florida
• Decided: January 4, 2023
• Docket: 22-0830
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 4, 2023. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-830 Lower Tribunal Nos. 22-00557, 22-00558 ________________

Magaly H. Benitez, Appellant,

vs.

Reemployment Assistance Appeals Commission, Appellee.

An Appeal from the Florida Reemployment Assistance Appeals Commission.

Magaly H. Benitez, in proper person.

Katie E. Sabo, Appellate Counsel (Tallahassee), for appellee.

Before EMAS, SCALES and BOKOR, JJ.

PER CURIAM. Affirmed. See § 443.151(3)(c), Fla. Stat. (2022) (providing that the

department’s “nonmonetary determination is final unless within 20 days after

the mailing of the notices to the parties' last known addresses, or in lieu of

mailing, within 20 days after the delivery of the notices, an appeal or written

request for reconsideration is filed by the claimant or other party entitled to

notice”); Bertot v. Fla. Unemployment Appeals Com’n, 68 So. 3d 1012, 1014

(Fla. 3d DCA 2011) (holding “late filing of an appeal deprives the appeals

referee of jurisdiction to consider the merits of the underlying claim”); Molina

v. Home Depot USA, Inc., 941 So. 2d 460 (Fla. 3d DCA 2006) (same); Stuart

v. Fla. Unemployment Appeals Com’n, 961 So. 2d 1020, 1021 (Fla. 1st DCA

2007) (noting: “This twenty-day deadline is jurisdictional, and the appeals

referee does not have jurisdiction to hear an untimely appeal”).