CARLOS E. CALDERON, APPELLANT,
v.
PUBLIX SUPER MARKETS, INC. AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Fla. 3d DCA | 2005-06-15
No. 3D04-3280
Before LEVY, C.J., and COPE and GREEN, JJ.
906 So. 2d 1138 Florida District Court of Appeal, Third District (2005) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the order of the Florida Unemployment Appeals Commission 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).

Affirmed.


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  • Gonzalez v. Fla. Unemployment Appeals Comm'n, 80 So. 3d 335 (Fla. 3d DCA 2010)
    …decision or that he received it too late to file a timely reply and upholding dismissal of appeal on the basis it was not filed within twenty days of the date the referee’s decision was mailed to Malary); accord Calderon v. Publix Super Mkts., Inc., 906 So. 2d 1138 (Fla. 3d DCA 2005); accord Lopez v. Am. Airlines, 876 So. 2d 1217 (Fla. 3d DCA 2004); Horvath v. Fla. Unemployment Appeals Comm’n, 886 So. 2d 260 (Fla. 3d DCA 2004) (affirming on the basis of Espinosa); accord Butler v. Fla. Unemployment Appeals Com…

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