JEAN G. LEVERT, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS, ETC., ET AL., APPELLEES

Fla. 3d DCA | 2004-03-31
No. 3D03-1723
Before COPE, FLETCHER, and RAMIREZ, JJ.
868 So. 2d 680 Florida District Court of Appeal, Third District (2004) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Claimant Jean G. Levert appeals an order of the Unemployment Appeals Commission which affirmed the appeals referee’s dismissal of his untimely appeal from a claims adjudication denying unemployment compensation benefits. We agree that the late filing deprived the referee of jurisdiction to consider the merits of Levert’s claim. See § 44S.151(3)(a), (4)(b), Fla. Stat. (2003); Fla. Admin. Code, R. 60BB-5.007. As in Leon v. Unemployment Appeals Com’n, 476 So. 2d 761 (Fla. 3d DCA 1985), Levert does not dispute that the notice of appeal was untimely. We therefore accept the appeals referee’s finding of untimeliness. The failure to comply with applicable review procedures compels us to affirm the Commission’s order. Affirmed.


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  • Franklin v. State, 923 So. 2d 1199 (Fla. 3d DCA 2006)
    …ng that defendant’s 3.850 motion for postconviction relief was procedurally barred as successive where the “defendant’s current rule 3.850 motion is one that could have or should have been raised in his first rule 3.850 motion”); Eloisaint v. State, 868 So. 2d 680 (Fla. 3d DCA 2004), and are additionally without merit. Affirmed.…
  • Alfonso v. Orna Sec. & Fla. Unemployment Appeals Comm'n, 903 So. 2d 302 (Fla. 3d DCA 2005)
    …ts below because the appellant failed timely to appeal that ruling to the Agency for Workforce Innovation, Office of Appeals. See Maldonado v. Fla. Unemployment Appeals Comm’n, 895 So. 2d 1198 (Fla. 3d DCA 2005); Levert v. Fla. Unemployment Appeals, 868 So. 2d 680 (Fla. 3d DCA 2004). Affirmed.…

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