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Walter v. Fla. Unemployment Appeals Comm'n

District Court of Appeal of Florida, First District.
May 10, 2012
86 So. 3d 1285 (Fla. Dist. Ct. App. 2012)

Opinion

No. 1D11–0627.

2012-05-10

Lorraine J. WALTER, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and Bryan M. Bergens, DDS, PA, Appellees.

An appeal from an order of the Unemployment Appeals Commission. Alan Orantes Forst, Chairman. Lorraine J. Walter, pro se, Appellant. Louis A. Gutierrez, Senior Attorney, Unemployment Appeals Commission, Tallahassee, for Appellees.


An appeal from an order of the Unemployment Appeals Commission. Alan Orantes Forst, Chairman.
Lorraine J. Walter, pro se, Appellant. Louis A. Gutierrez, Senior Attorney, Unemployment Appeals Commission, Tallahassee, for Appellees.
PER CURIAM.

We affirm the order of the Florida Unemployment Appeals Commission on the basis that the appeals referee lacked jurisdiction to consider Claimant's untimely appeal of the determination that she was not entitled to compensation benefits. See§ 443.151(4)(b) 2., Fla. Stat. (providing that an appeals referee may affirm, modify, or reverse a determination “unless the appeal is untimely”); Fla. Admin. Code R. 60BB–5.007(2) (providing that if a referee finds that an appeal was not filed within the time allowed by law, “it shall be dismissed”); see also Peterson v. Fla. Unemployment Appeals Comm'n, 77 So.3d 905, 908 (Fla. 1st DCA 2012) (noting that the late filing of an appeal deprives an appeals referee of jurisdiction to consider the merits of the underlying claim).

AFFIRMED.

DAVIS, WETHERELL, and SWANSON, JJ., concur.


Summaries of

Walter v. Fla. Unemployment Appeals Comm'n

District Court of Appeal of Florida, First District.
May 10, 2012
86 So. 3d 1285 (Fla. Dist. Ct. App. 2012)
Case details for

Walter v. Fla. Unemployment Appeals Comm'n

Case Details

Full title:Lorraine J. WALTER, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION…

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

Date published: May 10, 2012

Citations

86 So. 3d 1285 (Fla. Dist. Ct. App. 2012)