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Cornello v. Unemp. Appeals Com'n

District Court of Appeal of Florida, Fourth District
Sep 22, 1993
624 So. 2d 382 (Fla. Dist. Ct. App. 1993)

Summary

reversing dismissal of untimely appeal when claimant was misinformed about amount of weekly benefits and only informed of correct amount in final days of appeal period

Summary of this case from Nelson v. Unemployment Appeals Comm

Opinion

No. 92-2693.

September 22, 1993.

Alex Cornello, pro se appellant.

John D. Maher, Tallahassee, for appellee-Unemployment Appeals Com'n.


We reverse the Commission's order affirming the appeals referee's decision that he lacked jurisdiction, and we remand for an evidentiary hearing before the appeals referee to address the merits of appellant's position that he left his employment because of harassment by management.

Appellant did not timely appeal from the claims adjudicator's determination, thus neither the appeals referee nor the Commission ever considered the merits of appellant's claim. It is clear from what is before us that appellant's failure to take a timely appeal was substantially occasioned by his being informed initially that his weekly benefit was $16, then officially informed that the weekly benefit was less than $3 — neither amount worthy of an appeal. By the time the Division of Unemployment Compensation mailed correct information to appellant that his benefit would be $103 per week, only two days remained to file an appeal to the referee. We do not know when appellant received the correct information but whether it was the next day or the last day or thereafter, he has clearly been denied fundamental due process. From the statements and exhibits contained in appellant's briefs, it seems clear that appellant was both misled and misinformed.

ANSTEAD, HERSEY and GLICKSTEIN, JJ., concur.


Summaries of

Cornello v. Unemp. Appeals Com'n

District Court of Appeal of Florida, Fourth District
Sep 22, 1993
624 So. 2d 382 (Fla. Dist. Ct. App. 1993)

reversing dismissal of untimely appeal when claimant was misinformed about amount of weekly benefits and only informed of correct amount in final days of appeal period

Summary of this case from Nelson v. Unemployment Appeals Comm

reversing UAC's order that affirmed appeals referee's decision that it lacked jurisdiction because claimant had been misinformed and misled

Summary of this case from Francois v. State
Case details for

Cornello v. Unemp. Appeals Com'n

Case Details

Full title:ALEX CORNELLO, APPELLANT, v. UNEMPLOYMENT APPEALS COMMISSION, AND CAPITAL…

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 22, 1993

Citations

624 So. 2d 382 (Fla. Dist. Ct. App. 1993)

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