Opinion
Case No. 3D03-2571.
Opinion filed March 31, 2004.
An appeal from the Florida Unemployment Appeals Commission, Lower Tribunal Case No. UAC 03-8957.
Roberto S. Rodriguez, in proper person.
John D. Maher (Tallahassee), for appellee.
Before GERSTEN, FLETCHER, and SHEPHERD, JJ.
Roberto S. Rodriguez appeals from a final order of the Unemployment Appeals Commission confirming the dismissal of his internal appeal as untimely. However, in the "aviso de apelacion" Rodriguez states: "Yo nunca recibi la notificacion por coreo." ("I am appealing because I never received the notice in the mail.") The Commission's document entitled "Dismissal of appeal due to lack of jurisdiction" contains the appeal referee's findings of fact as to untimeliness. It does not include a finding as to Rodriguez' contention of non-receipt of the notice. Under this circumstance, a remand to the agency to hold a hearing to determine the issue of receipt is required. See Holmes v. City of West Palm Beach, 627 So.2d 52 (Fla. 4th DCA 1993).
to the appeals referee.
of the initial determination that Rodriguez was not entitled to unemployment benefits.
The order appealed is therefore reversed and the cause is remanded for the required hearing.