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Oriscar v. A ACCU Florida, Inc.

District Court of Appeal of Florida, Third District
Aug 26, 1998
715 So. 2d 1150 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3626

August 26, 1998.

An appeal from the Florida Unemployment Appeals Commission. L.T. No. 97-8386

Anatalie Oriscar, in proper person.

John D. Maher Tallahassee,for appellee Florida Unemployment Appeals Commission.

Before JORGENSON, COPE, and SORONDO, JJ.


This is an appeal from an order of the Unemployment Appeals Commission affirming a referee's decision to dismiss as untimely the claimant's appeal of an overpayment determination.

The documents of record indicate that the claimant was sent an overpayment determination notice which gave the name of an employer for whom the claimant had never worked. Unbeknownst to the claimant, her former employer had changed its name. Because the notice on its face appeared to be one sent in error, this document was, in our view, inadequate to place the claimant on notice of the requirement to file an appeal within twenty days, failing which the overpayment determination would become final. Given the insufficiency of the notice, the claimant's appeal must be treated as timely filed. See Pierre v. Oriente Sugar Cane Planting, Inc., 504 So.2d 431, 432 (Fla. 4th DCA 1987); Teater v. Department of Com. Bd. of Review, 370 So.2d 847, 848-49 (Fla. 3d DCA 1979); see also Capeletti Bros., Inc. v. Department of Transp., 362 So.2d 346, 348 (Fla. 1st DCA 1978) (agencies "must grant affected parties a clear point of entry").

Reversed and remanded for further proceedings consistent herewith.


Summaries of

Oriscar v. A ACCU Florida, Inc.

District Court of Appeal of Florida, Third District
Aug 26, 1998
715 So. 2d 1150 (Fla. Dist. Ct. App. 1998)
Case details for

Oriscar v. A ACCU Florida, Inc.

Case Details

Full title:ANATALIE ORISCAR, Appellant, vs. A ACCU FLORIDA, INC., and FLORIDA…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 26, 1998

Citations

715 So. 2d 1150 (Fla. Dist. Ct. App. 1998)