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Neely v. Unemploy. Appeals Comm

District Court of Appeal of Florida, Second District
Jul 27, 2001
796 So. 2d 561 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 2D00-4470

Opinion filed July 27, 2001. Rehearing Denied September 9, 2001.

Appeal from the Unemployment Appeals Commission.

Daryl M. Neely, pro se.

John D. Maher, Tallahassee, for Appellee Unemployment Appeals Commission.


Daryl Neely appeals from the final order which dismisses his appeal to the Unemployment Appeals Commission (UAC) as untimely. Because the UAC lacked jurisdiction to entertain Mr. Neely's appeal, we must affirm.

Section 443.151(4)(b)(3), Florida Statutes (1999), requires the UAC to dismiss appeals filed later than twenty days after the decision is mailed (or delivered) to the parties. Mr. Neely filed his appeal forty-eight days after the deadline. The statute does not provide for good cause exceptions to the dismissal rule. Nothing in the record suggests that Mr. Neely did not receive notice of the appeals referee's decision or that he received it too late to timely appeal it. Therefore, the UAC did not err in dismissing the appeal as untimely. See Barnes v. Unemployment Appeals Comm'n, 779 So.2d 300 (Fla. 2d DCA 1999).

Affirmed.

BLUE, C.J., and PARKER, J., Concur.


Summaries of

Neely v. Unemploy. Appeals Comm

District Court of Appeal of Florida, Second District
Jul 27, 2001
796 So. 2d 561 (Fla. Dist. Ct. App. 2001)
Case details for

Neely v. Unemploy. Appeals Comm

Case Details

Full title:DARYL M. NEELY, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jul 27, 2001

Citations

796 So. 2d 561 (Fla. Dist. Ct. App. 2001)