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Gregg v. Reemployment Assistance Appeals Comm'n

District Court of Appeal of Florida, Fifth District.
Jan 31, 2014
135 So. 3d 388 (Fla. Dist. Ct. App. 2014)

Opinion

No. 5D13–3979.

2014-01-31

Larry GREGG, Appellant, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION, Appellee.

Administrative Appeal from the Reemployment Assistance Appeals Commission. Larry Gregg, Deltona, pro se. Louis A. Gutierrez, of Reemployment Assistance Appeals Commission, Tallahassee, for Appellee.


Administrative Appeal from the Reemployment Assistance Appeals Commission.
Larry Gregg, Deltona, pro se. Louis A. Gutierrez, of Reemployment Assistance Appeals Commission, Tallahassee, for Appellee.
PER CURIAM.

Larry Gregg appeals a final order of the Reemployment Assistance Appeals Commission, which dismissed as untimely his appeal of an adverse decision from the referee assigned to his case. The adverse decision was mailed to Gregg on May 30, 2013, and notified Gregg of the twenty-day appeal deadline set forth in section 443.151(4)(b), Florida Statutes (2012). Despite the timely notice, Gregg did not attempt to appeal the referee's decision until September 13, 2013—106 days later. Although the Commission gave Gregg an opportunity to show cause why his appeal should not be considered untimely, Gregg presented nothing in response that could legally justify accepting a belated appeal. See, e.g., Colson v. Fla. Unemp't Appeals Comm'n, 76 So.3d 1042 (Fla. 1st DCA 2011). As such, we affirm the Commission's decision to dismiss Gregg's appeal.

AFFIRMED. PALMER, ORFINGER and LAWSON, JJ., concur.


Summaries of

Gregg v. Reemployment Assistance Appeals Comm'n

District Court of Appeal of Florida, Fifth District.
Jan 31, 2014
135 So. 3d 388 (Fla. Dist. Ct. App. 2014)
Case details for

Gregg v. Reemployment Assistance Appeals Comm'n

Case Details

Full title:Larry GREGG, Appellant, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION…

Court:District Court of Appeal of Florida, Fifth District.

Date published: Jan 31, 2014

Citations

135 So. 3d 388 (Fla. Dist. Ct. App. 2014)