Summary
reversing and remanding for further proceedings despite the employee's untimely notice of appeal because the appellant had been denied due process of law under the particular circumstances of the case, specifically, the fact that the appellant did not receive timely notice of the adverse decision due to a misunderstanding regarding the need to file a change of address
Summary of this case from Applegate v. Nat. Health CareOpinion
No. 85-2101.
February 25, 1987. Rehearing Denied April 16, 1987.
Appeal from the Unemployment Appeals Commission.
James Albert Boon, Florida Rural Legal Services, Inc., Belle Glade, for appellant.
Norman A. Blessing and Judy L. Harrelson, Unemployment Appeals Com'n, Tallahassee, for appellee-Com'n.
Appellant Pierre contests an order of the Unemployment Appeals Commission determining that he was required to repay $436 to the State of Florida. It appears from the record that appellant did not timely receive the initial notice of this determination pursuant to a misunderstanding as to the requirement that he notify the claims office of his change of address. He was therefore determined to be untimely in his attempt to perfect an appeal of this decision.
We believe under the circumstances of this case that appellant was denied due process of law in being unable to have his appeal determined on the merits, and accordingly we would reverse and remand for further proceedings. Miami Dolphins, Ltd. v. Florida Department of Commerce, 252 So.2d 396 (Fla.3d DCA 1971); Polatnick v. Florida Department of Commerce, 349 So.2d 203 (Fla.3d DCA 1977).
GUNTHER and STONE, JJ., and POLEN, MARK E., Associate Judge, concur.