THE STATE OF FLORIDA, APPELLANT,

v.

TARVER GARDENER, APPELLEE

Citator

Cited By

• Calderon v. Publix Super Mkts., Inc., 906 So. 2d 1138 (Fla. 3d DCA 2005)
  …which dismissed the appeal of Carlos E. Calderon. The appeal was untimely because it was not filed within twenty days of the date that the referee’s decision was mailed to him. See § 443.151(4)(b), Fla. Stat. (2004); Malary v. Brinker Int’l Payroll, 898 So. 2d 1184 (Fla. 3d DCA 2005). There is no claim that the appellant failed to receive the appeals referee’s decision, or that he received it too late to file a timely appeal. See Guerrero v. Florida Unemployment Appeals Comm’n, 855 So. 2d 266 (Fla. 3d DCA 2003…
• Gonzalez v. Fla. Unemployment Appeals Comm'n, 80 So. 3d 335 (Fla. 3d DCA 2010)
  …3d DCA 2007); Molina v. Home Depot USA, Inc., 941 So. 2d 460 (Fla. 3d DCA 2006) (affirming dismissal of appeal where Molina did not dispute his appeal was untimely or that he timely received the referee’s decision); Malary v. Brinker Int’l Payroll, 898 So. 2d 1184 (Fla. 3d DCA 2005) (affirming decision of Unemployment Appeals Commission where Malary did not claim he did not receive the appeals referee’s decision or that he received it too late to file a timely reply and upholding dismissal of appeal on the ba…
• Markham v. Fla. Unemployment Appeals Comm'n, 47 So. 3d 958 (Fla. 3d DCA 2010)
  …in many types of judicial proceedings, but the Agency and Commission have consistently taken the position that an appeal not filed within the twenty day period is subject to dismissal on jurisdictional grounds. See Malary v. Brinker Inter’l Payroll, 898 So. 2d 1184 (Fla. 3d DCA 2005). In this case, the appeals referee asked Mr. Markham whether he actually received the adverse determination letter in the last week of November 2008, and Mr. Markham confirmed that he did. His appeal was indisputably faxed to the…

Authorities Cited

• Roan Peart v. State, 756 So. 2d 42 (Fla. 2000)
• Antwain Mitchell v. State, 783 So. 2d 275 (Fla. 5th DCA 2000)