CHARLES I. LIVINGSTON, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION AND NEWS AND SUN-SENTINEL COMPANY, APPELLEES
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PER CURIAM.
The issue presented here is the same as that in Robinson v. Morrison, Inc., 501 So. 2d 1323 (Fla. 4th DCA 1986), and Vayvoski v. Unemployment Appeals Commission, 443 So. 2d 145 (Fla. 5th DCA 1983), namely, whether the appellee commission should hold an evidentiary hearing to determine 'whether the appellant claimant received procedural due process. We reach the same conclusion as the above cases and reverse and remand with direction to hold such hearing.
Upon remand, should it be determined that appellant did not receive the appeals referee’s decision in time to seek review, the claimant appellant is to be afforded such opportunity as directed in Robinson v. Unemployment Appeals Commission, 526 So. 2d 198 (Fla. 4th DCA 1988).
GLICKSTEIN, C.J., and HERSEY and STONE, JJ., concur.
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Applegate v. Nat'l Health Care Affiliates, Inc., 667 So. 2d 332 (Fla. 1st DCA 1995)…ring on the question whether the appellant’s failure to file her appeal within twenty days of the rendition of the final determination should be excused under considerations of due process and fairness. Livingston v. Unemployment Appeals Commission, 620 So. 2d 1103, 1104 (Fla. 4th DCA 1993). If the failure to file the appeal in a timely manner should be excused, obviously it will become necessary under the unusual facts of this case to make the further determination whether the appellant was mailed and receive…
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Landrum v. James Rummer Timber Harvesting, Inc., 645 So. 2d 577 (Fla. 2d DCA 1994)…not contain competent substantial evidence to support the UAC’s finding that the appeal was untimely. In order to ensure that Landrum received procedural due process, we remand for an evi-dentiary hearing. Livingston v. Unemployment Appeals Comm’n, 620 So. 2d 1103 (Fla. 4th DCA 1993); Robinson. See also Waldron v. City of Arcadia, 409 So. 2d 1138 (Fla. 2d DCA 1982); Teater v. Dep’t of Commerce Bd. of Review, 370 So. 2d 847 (Fla. 3d DCA 1979). On remand, if it is determined that Land-rum did not receive the a…
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- Burina Robinson v. Morrison, Inc., 501 So. 2d 1323 (Fla. 4th DCA 1986)
- Burina Robinson v. Fla. Unemployment Appeals Comm'n & Morrison, Inc., 526 So. 2d 198 (Fla. 4th DCA 1988)
- Mariam L. Vayvoski v. Unemployment Appeals Comm'n & Jay Tool & Die Co., 443 So. 2d 145 (Fla. 5th DCA 1983)