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Leon v. Unemployment Appeals Com'n

District Court of Appeal of Florida, Third District
Oct 15, 1985
476 So. 2d 761 (Fla. Dist. Ct. App. 1985)

Summary

holding that claimant's late filing of appeal deprived referee of jurisdiction to consider merits of claim

Summary of this case from Svenson v. Florida Unemployment

Opinion

No. 84-2440.

October 15, 1985.

Petition for review from the Unemployment Appeals Commission.

Francisco Leon, in pro. per.

Janet L. Smith, Miami, for appellee.

Before HENDRY, HUBBART and BASKIN, JJ.


Claimant Francisco Leon appeals an order of the Unemployment Appeals Commission [Commission]. The Commission affirmed the appeals referee's dismissal of Leon's untimely appeal from a claims adjudication denying unemployment compensation benefits. We agree that the late filing deprived the referee of jurisdiction to consider the merits of Leon's claim. § 443.151(3)(a), (4)(b), Fla. Stat. (1983); Fla. Admin. Code, Rule 38E-5.07(2).

Leon does not dispute that the notice of appeal was untimely. We must therefore accept the appeals referee's finding of untimeliness. See Wilson v. State, Department of Administration Division of Retirement, 472 So.2d 525 (Fla. 3d DCA June 25, 1985). Leon's failure to comply with applicable review procedures compels us to affirm the Commission's order.

Affirmed.


Summaries of

Leon v. Unemployment Appeals Com'n

District Court of Appeal of Florida, Third District
Oct 15, 1985
476 So. 2d 761 (Fla. Dist. Ct. App. 1985)

holding that claimant's late filing of appeal deprived referee of jurisdiction to consider merits of claim

Summary of this case from Svenson v. Florida Unemployment

holding that appellate court is required to affirm the UAC's order where the claimant failed to file a timely appeal

Summary of this case from Creech v. Orlando Leasing Systems

confirming that failure to comply with review procedures compels dismissal of a late filed appeal

Summary of this case from Torre v. Siguanea

confirming that failure to comply with review procedures compels dismissal of a late filed appeal

Summary of this case from Lawson v. Elizabethtown Gas Company
Case details for

Leon v. Unemployment Appeals Com'n

Case Details

Full title:FRANCISCO LEON, APPELLANT, v. UNEMPLOYMENT APPEALS COMMISSION, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 15, 1985

Citations

476 So. 2d 761 (Fla. Dist. Ct. App. 1985)

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