HOLLIE E. HALE, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEE

Fla. 1st DCA | 2006-02-03
No. 1D05-1428
KAHN, C.J., PADOVANO and THOMAS, JJ., concur.
920 So. 2d 163 Florida District Court of Appeal, First District (2006)

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Synopsis

Hollie Hale appealed a Florida Unemployment Appeals Commission decision denying her benefits. The First District Court of Appeal affirmed the Commission's decision, finding no abuse of discretion in the Commission's refusal to consider additional evidence or grant a new hearing.


Holding

The court affirmed the Commission's decision, holding that there was no abuse of discretion in denying the request for additional evidence and a new hearing.


Headnotes

[1] An appellate court will affirm a decision denying benefits and refusing a claimant's request to consider additional evidence and have an additional hearing when the claim…

[2] An appellate court will not articulate policy considerations for treating pro se litigants with leniency when the litigant has failed to demonstrate any basis for relief.

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Key Quotes

“On appeal, Lobb does not attack the Commission's affirmance of the decision of the appeals referee based on the record which was actually before the Commission.”

Establishes that appellants must base their challenge on the record actually before the Commission

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Facts & Procedural History

Hollie Hale filed an unemployment benefits claim that was denied by the Commission. The Commission refused her request to consider additional evidence…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Lobb v. Unemployment Appeals Comm’n, 715 So. 2d 321, 322-23 (Fla. 5th DCA 1998) (affirming UAC’s decision denying benefits and refusing claimant’s request to consider additional evidence and have an additional hearing: “On appeal, Lobb does not attack the Commission’s affirmance of the decision of the appeals referee based on the record which was actually before the Commission. He also implicitly concedes that he violated the requirements of rule 38E-3.005 [concerning ‘newly-discovered evidence’]. His sole contention on appeal is that the Commission acted unfairly by requiring him to comply with the rule. He urges that policy considerations mandate that pro se litigants be treated with leniency and urges us to write an opinion articulating this view. We decline this invitation made by Lobb because he has failed to submit a record sufficient to demonstrate any error or inequity and has failed to articulate any basis to conclude that relief might be war ranted.” (footnote omitted)); Noriega, Chopp & Schatz, P.A. v. Pena, 417 So. 2d 312, 313 (Fla. 3d DCA 1982) (“We hold that there was no abuse of discretion shown in the Commission’s denial of the employer’s motion for rehearing for the purpose of introducing additional evidence. It appears from the record that the employer neither requested nor suggested that a continuance of the hearing be granted for the purpose of presenting additional evidence. The request for a rehearing was made after the Appeals Referee had issued a decision granting benefits to the employee. Accordingly, the Commission did not abuse its discretion in denying the employer’s request to be allowed to introduce additional evidence under the facts and circumstances as appear from the record.”).

KAHN, C.J., PADOVANO and THOMAS, JJ., concur.


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