Ney v. Unemployment Appeals Commission

Full title: CHARLES M. NEY, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and CROOM…

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 28, 2001

778 So. 2d 509 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D00-2274.

Opinion filed February 28, 2001.

Appeal from the State of Florida Unemployment Appeals Commission; L.T. Case No. 00-1637.

Charles M. Ney, Vero Beach, pro se.

John W. Kunberger, Tallahassee, for appellee State of Florida Unemployment Appeals Commission.

ON MOTION FOR REHEARING

POLEN, J.

On appellee's motion for rehearing, we vacate our December 7, 2000, order remanding this case to the Unemployment Appeals Commission ("UAC") for an evidentiary hearing to determine whether appellant timely received a copy of the UAC's order. We, instead, dismiss this appeal without prejudice so that appellant may petition the UAC to consider vacating its original order and enter a new, appealable final order. See Etienne v. Simco Recycling Corp., 721 So.2d 399 (Fla. 3d DCA 1998).

KLEIN and TAYLOR, JJ., concur.