EXANISE MARCELLUS, APPELLANT,
v.
MONTGOMERY REALTY INVESTORS AND MIAMI AIRPORT HOTEL ASSOCIATION, AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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The court held that notice of appeal in English is sufficient even if the claimant speaks only Creole, and denied the motion to dismiss.
Appellant sought to appeal an order barring her appeal as untimely because the notice was in English and she only speaks Creole. The Unemployment Appe…
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PER CURIAM.
The Unemployment Appeals Commission moves to dismiss the appeal on the ground that appellant has not filed her initial brief in accordance with Florida Rule of Appellate Procedure 9.110(f). Upon consideration of the motion, we treat appellant’s written statement of her case as a brief and deny appellee’s motion to dismiss the appeal.
Appellant seeks reversal of an order of the Unemployment Appeals Commission barring, as untimely, her appeal from a referee’s decision denying unemployment benefits. According to the appellant, she was untimely in filing her notice of appeal because the Notice of Decision was in English and claimant speaks and reads only Creole.
The contention that fundamental fairness requires notice to be given in the claimant’s native language was rejected by this court in Alonso v. Arabel, Inc., 622 So. 2d 187 (Fla. 3d DCA1993). In Arabel this court held that in an English-speaking country, the requirement of reasonable notice is satisfied when notice is given in English. Accordingly, the Unemployment Appeals Commission was not required to notify the claimant in Creole.
The Unemployment Appeals Commission’s motion to dismiss the appeal on the basis of rule 9.110(f) is denied. The order of the Unemployment Appeals Commission, denying claimant’s appeal of the referee’s decision as untimely, is Affirmed.
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Cenaida Acosta v. Bellsouth Advertising & Publ'g Co., 630 So. 2d 1195 (Fla. 3d DCA 1994)…PER CURIAM. Affirmed. Marcellus v. Montgomery Realty Investors, 626 So. 2d 1034 (Fla.3d DCA 1993); e.g. Alonso v. Arabel, Inc., 622 So. 2d 187 (Fla. 3d DCA 1993).…
Authorities Cited
- Alonso v. Arabel, Inc., 622 So. 2d 187 (Fla. 3d DCA 1993)