ARTHIA BRYANT, APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE

Fla. 3d DCA | 1996-10-16
No. 96-631
Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ.
680 So. 2d 1144 Florida District Court of Appeal, Third District (1996) Positive Treatment
Cited by 6 cases
Opinion of the Court
FLETCHER, Judge.

FLETCHER, Judge.

The appellee Department of Health and Rehabilitative Services [HRS] denied the appellant Arthia Bryant a hearing, on a report (or reports) of claim determination of overpayment to her, on the basis that her administrative appeal was not timely filed, thus waived. Our review of the record reveals, however, no notification to Bryant informing her of her right to request a hearing and the time for doing so. Accordingly, HRS failed to establish the ostensible waiver. Henry v. State Dep’t of Admin., Div. of Retirement, 431 So. 2d 677 (Fla. 1st DCA 1983). Accordingly, the final order of the HRS is reversed and the cause is remanded to the HRS with instructions to hear Bryant’s administrative appeal on the merits.

Reversed and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Borakove v. Fla. Unemployment Appeals Comm'n & Aucc, Inc., 14 So. 3d 249 (Fla. 1st DCA 2009)
    …gs of fact made by the appeals referee and adopted and approved by Appellee. Appellant cannot overcome the presumption that the appeals referee’s factual findings are correct. See Applegate, 377 So. 2d at 1152; Lopez v. Unemployment Appeals Comm,’n, 680 So. 2d 1144 (Fla. 3d DCA 1996); Dominguez v. Unemployment Appeals Comm’n, 679 So. 2d 835 (Fla. 3d DCA 1996). The record does not demonstrate that the appeals referee or Appellee misconstrued or misapplied its organic law to the findings of fact. Accordingly, w…
  • Patricio Suarez v. Burdines, Inc., 698 So. 2d 1373 (Fla. 3d DCA 1997)
    …PER CURIAM. Affirmed. § 443.101(9), Fla. Stat. (1995); Lopez v. Florida Unemployment Appeals Comm’n, 680 So. 2d 1144 (Fla. 3d DCA 1996).…
  • Rabago v. Lutheran Servs. FOR THE Elderly & Fla. Unemployment Appeals Comm'n, 699 So. 2d 324 (Fla. 3d DCA 1997)
    …PER CURIAM. Affirmed. See Lopez v. Florida Unemployment Appeals Commission, 680 So. 2d 1144 (Fla. 3d DCA 1996).…

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