WILLIAM L. VENERO, APPELLANT,
v.
WINN DIXIE STORES, INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
WILLIAM L. VENERO, APPELLANT,
WINN DIXIE STORES, INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
826 So. 2d 495
Florida District Court of Appeal, Third District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*496] PER CURIAM.
We affirm the order entered by the Unemployment Appeals Commission dismissing the appellant’s appeal of the denial of unemployment benefits as untimely where the record unequivocally demonstrates that the appellant failed to take an appeal within 20 days after the mailing and/or delivery of the notice of denial of benefits as prescribed by section 443.151(3)(a), Florida Statutes (2001) and Florida Administrative Code Rule 38E-5.007.
Affirmed.
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Lopez v. Am. Airlines & Fla. Unemployment Appeals Comm'n, 876 So. 2d 1217 (Fla. 3d DCA 2004)…We affirm. The Commission correctly dismissed the appeal as Mr. Lopez did not file his appeal within twenty days of the date that the referee’s decision was mailed to him. § 443.151(4)(b)3, Fla. Stat. (2003). See Venero v. Winn Dixie Stores, Inc., 826 So. 2d 495 (Fla. 3d DCA 2002). In addition, Mr. Lopez is not entitled to an evi-dentiary hearing on the timeliness issue. See Espinosa v. Cableoptics, Inc., 807 So. 2d 195 (Fla. 3d DCA 2002);. Suarez v. Unemployment Appeals Comm’n, 871 So. 2d 1039 (Fla. 5th DC…