MARCO A. CUSTODIO, APPELLANT,
v.
PALM TRUCK CENTERS, INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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PER CURIAM.
The appellant/claimant’s appeal of his denial of unemployment benefits was dismissed by the Unemployment Appeals Commission as untimely filed. Because the record fails to exhibit competent, substantial evidence that the claimant received notice of the appeals referee’s decision, and because the dismissal of the claimant’s appeal would constitute a denial of due process, the decision of the Unemployment Appeals Commission is reversed, and this case is remanded with directions that the claimant's appeal be heard and decided on its substantive merits. See Coon Clothing Co. v. Eggers, 560 So. 2d 1357 (Fla. 3d DCA 1990); Robinson v. Florida Unemployment Appeals Comm’n, 526 So. 2d 198 (Fla. 4th DCA 1988); Pierre v. Oriente Sugar Cane Planting, Inc., 504 So. 2d 431 (Fla. 4th DCA 1987); Waldron v. City of Arcadia, 409 So. 2d 1138 (Fla. 2d DCA 1982); Teater v. Department of Commerce Bd. of Review, 370 So. 2d 847 (Fla. 3d DCA 1979); State ex rel. Owra v. Florida Dep’t of Commerce, Div. of Employment Sec., 351 So. 2d 769 (Fla. 3d DCA 1977); Polatnick v. Florida Dep’t of Commerce, Div. of Employment Sec., 349 So. 2d 203 (Fla. 3d DCA 1977).
Reversed and remanded.
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Blair v. State, 805 So. 2d 873 (Fla. 2d DCA 2001)…therefore, we reverse the order revoking probation. We remand this matter so that the trial ’ court may reconsider whether Blair’s probation should be revoked because of his use of alcohol and, if so, the sentence to be imposed. See Astore v. State, 618 So. 2d 790, 792 (Fla. 2d DCA 1993); Smith v. State, 664 So. 2d 72, 72-73 (Fla. 3d DCA 1995). In summary, we reverse the finding that Blair violated his probation due to the commission of a battery; we affirm the finding that he violated his probation due to t…
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Smith v. State, 705 So. 2d 1033 (Fla. 3d DCA 1998)…th DCA 1997); Wilson v. State, 506 So. 2d 1170 (Fla. 3d DCA 1987). However, it is not clear whether the court would have imposed the same sentence based solely on that violation. See Smith v. State, 664 So. 2d 72 (Fla. 3d DCA 1995); Astore v. State, 618 So. 2d 790 (Fla. 2d DCA 1993); Jones v. State, 611 So. 2d 26 (Fla. 1st DCA 1992). We, therefore, vacate Smith’s sentence. On remand, the trial court may impose the same sentence or exercise its discretion to impose a reduced sentence. See Royster v. State, 691…
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Casas v. State, 27 So. 3d 203 (Fla. 2d DCA 2010)…48 (Fla. 2d DCA 2003) (“Because it is unclear from the record whether the trial court would have revoked Antho [*206] ny’s community control based solely upon the three violations of condition 12, we reverse ... [and] remand.... ”); Astore v. State, 618 So. 2d 790, 792 (Fla. 2d DCA 1993) (“[W]e reverse the order of revocation and remand this matter for the trial court to reconsider whether, in the absence of two of the three violations, the revocation of Astore’s probation and the imposition of a nine year pr…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Teater v. Dep't OF Commerce Bd. OF Review, 370 So. 2d 847 (Fla. 3d DCA 1979)
- Burina Robinson v. Fla. Unemployment Appeals Comm'n & Morrison, Inc., 526 So. 2d 198 (Fla. 4th DCA 1988)
- State of Fla. ex rel. William M. Owra v. Fla. Dep't OF Commerce, 351 So. 2d 769 (Fla. 3d DCA 1977)
- Halbert v. First Realty Servs., Inc., 504 So. 2d 431 (Fla. 1st DCA 1987)
- Adonia Pierre v. Oriente Sugar Cane Planting, Inc., 504 So. 2d 431 (Fla. 4th DCA 1987)
- Piver v. Birman, 349 So. 2d 203 (Fla. 4th DCA 1977)
- Waldron v. City OF Arcadia & Dep't of Labor & Emp. Sec., 409 So. 2d 1138 (Fla. 2d DCA 1982)
- Coon Clothing Co., Inc. v. Eggers, 560 So. 2d 1357 (Fla. 3d DCA 1990)