SUNIL A. AMIN, APPELLANT,
v.
MAYORS JEWELERS, INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the proper procedure is to reverse and remand when the agency moves to relinquish jurisdiction due to a mailing error, rather than granting the motion.
Appellant sought review of an order from the Unemployment Appeals Commission. The Commission moved to relinquish jurisdiction, citing a failure to aff…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM.
Appellant seeks review of an order of the Unemployment Appeals Commission which found that an appeals referee had erred in determining that the claimant is entitled to benefits. Although a hearing was held before the appeals referee, only the employer made a telephone appearance at that hearing.
The Unemployment Appeals Commission moves for a relinquishment of jurisdiction, stating that it has concluded that appellant’s failure to appear at the hearing was attributable to a failure to affix sufficient postage to appellant’s copy of the notice of hearing. Neither party has timely responded to the motion.
Rather than relinquishing jurisdiction, the proper procedure in this circumstance is to reverse the order on appeal and remand to the agency for further proceedings. Stacey v. Department of Professional Regulation, Board of Nursing Home Administrators, 547 So. 2d 241 (Fla. 1st DCA 1989). Accordingly, we so order. REVERSED AND REMANDED.
BOOTH, DAVIS and PADOVANO, JJ., concur.