Nehrich v. Reemployment Assistance Appeals Commission

District Court of Appeal of Florida

Nehrich v. Reemployment Assistance Appeals Commission

127 So. 3d 761, 2013 WL 6183144, 2013 Fla. App. LEXIS 18797

CourtDistrict Court of Appeal of Florida

DecidedNovember 26, 2013

DocketNo. 1D13-2402

StatusPublished

This text of 127 So. 3d 761 (Nehrich v. Reemployment Assistance 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.

Bluebook

Nehrich v. Reemployment Assistance Appeals Commission, 127 So. 3d 761, 2013 WL 6183144, 2013 Fla. App. LEXIS 18797 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

We treat the Reemployment Assistance Appeals Commission motion to relinquish jurisdiction as a concession that procedural error occurred on account of the appeals referee’s failure to secure a waiver of appellant’s right to proper notice of the hearing before the referee. See Fla. Admin. Code R. 73B-20.015. Accordingly, we reverse the Commission’s order affirming the appeals referee’s determination, and consistent with section 120.68(7)(c), Florida Statutes (2013), remand this matter to the Commission for further proceedings. Appellant’s “Motion to Reverse Decision,” to the extent it requests an order directing the award of unemployment compensation benefits without further proceedings, is denied.

ROBERTS, WETHERELL, and MAKAR, JJ., concur.

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PER CURIAM.

We treat the Reemployment Assistance Appeals Commission motion to relinquish jurisdiction as a concession that procedural error occurred on account of the appeals referee’s failure to secure a waiver of appellant’s right to proper notice of the hearing before the referee. See Fla. Admin. Code R. 73B-20.015. Accordingly, we reverse the Commission’s order affirming the appeals referee’s determination, and consistent with section 120.68(7)(c), Florida Statutes (2013), remand this matter to the Commission for further proceedings. Appellant’s “Motion to Reverse Decision,” to the extent it requests an order directing the award of unemployment compensation benefits without further proceedings, is denied.

ROBERTS, WETHERELL, and MAKAR, JJ., concur.

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Bluebook (online)

127 So. 3d 761, 2013 WL 6183144, 2013 Fla. App. LEXIS 18797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nehrich-v-reemployment-assistance-appeals-commission-fladistctapp-2013.