NAHI J. ESPANIOLY, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, ET AL., APPELLEES

Fla. 3d DCA | 2000-10-04
No. 3D00-1177
Before JORGENSON, COPE, and FLETCHER, JJ.
768 So. 2d 1230 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 6 cases
Topics
Timeliness Of Appeal Evidentiary Hearing Jurisdiction

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Nahi J. Espanioly appeals from an order of the Florida Unemployment Appeals Commission dismissing her case for lack of jurisdiction. For the following reasons, we reverse.

The appeals referee and Espanioly dispute whether she timely filed an appeal on October 14, 1999. The Commission ordered an evidentiary hearing solely on the issue of the appeal’s timeliness. Espanioly produced as evidence of appealing timely a fax confirmation of her October 14, 1999, Request to Reopen the case. Nevertheless, the Commission dismissed her appeal for lack of jurisdiction, finding that it was filed untimely.

Espanioly’s submission of evidence of the October 14, 1999, facsimile confirmation was sufficient to establish that her appeal was timely; therefore, the Commission has jurisdiction, and the appeal should be reinstated.

Reversed and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Nickolan-Barron v. Fla. Unemployment Appeals Comm'n, 859 So. 2d 594 (Fla. 1st DCA 2003)
    …in the applicable time frame, constituted sufficient evidence that appellant timely faxed her notice of appeal. See Reynolds v. SV Cent. Dania Props., Inc., 849 So. 2d 1181, 1182-83 (Fla. 4th DCA 2003); Espanioly v. Fla. Unemployment Appeals Comm’n, 768 So. 2d 1230, 1230 (Fla. 3d DCA 2000); cf. Mendelsohn v. [*595] Fla. Unemployment Appeals Comm’n, 851 So. 2d 208, 209 (Fla. 1st DCA 2003). Accordingly, we reverse the Unemployment Appeals Commission’s order affirming the appeals referee’s determination that the…
  • Erie Mae Stanley v. State OF Fla. Unemployment Appeals Comm'n & Ann Storck Ctr., Inc., 864 So. 2d 1160 (Fla. 4th DCA 2003)
    …direct a fax of a request to appeal to the Commission, an issue of fact is created as to whether the Commission received the request for timely docketing. 845 So. 2d at 947 (footnote omitted). See also Espanioly v. Fla. Unemployment Appeals Comm’n, 768 So. 2d 1230 (Fla. 3d DCA 2000) (facsimile confirmation of request to reopen case provided sufficient evidence to establish timeliness of appeal to Unemployment Appeals Commission). Here, the deadline for filing a timely appeal was August 8, 2002. According to…
  • Arteaga v. State, 54 So. 3d 599 (Fla. 3d DCA 2011)
    …he same proposition. Representative cases regarding the sufficiency of a fax confirmation report to create an issue of fact are Ebersol v. Unemployment Appeals Comm’n, 845 So. 2d 945 (Fla. 5th DCA 2003), and Espanioly v. Unemployment Appeals Comm’n, 768 So. 2d 1230 (Fla. 3d DCA 2000). .Field v. State Dep’t of Health, 902 So. 2d 893, 895 (Fla. 1st DCA 2005). . Sun Microsystems of Cal., Inc. v. Eng’g and Mfg. Sys., C.A., 682 So. 2d 219, 220 (Fla. 3d DCA 1996).…

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