TERESA RUIZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CARMEN LOPEZ SIRIAS, APPELLANT,
v.
RICHARD CHANG, M.D. AND RICHARD CHANG, M.D., P.A., APPELLEES

Fla. 3d DCA | 2006-10-25
No. 3D05-618
Before GERSTEN, GREEN, and RAMIREZ, JJ.
941 So. 2d 460 Florida District Court of Appeal, Third District (2006) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Gooding v. Univ. Hosp. Bldg., Inc., 445 So. 2d 1015 (Fla.1984); Kay’s Custom Drapes, Inc. v. Garrote, 920 So. 2d 1168 (Fla. 3d DCA 2006); Powell v. Goldner, 483 So. 2d 468 (Fla. 3d DCA 1986).


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  • …very of the notice of the decision. After expiration of the 20-day appeals period, the Department loses jurisdiction, and the case may not be reviewed or revisited by the Commission. See Fla. Admin. Code R. 73B-22.006; Molina v. Home Depot USA Inc., 941 So. 2d 460, 461 (Fla. 3d DCA 2006) (stating the same principles under a previous version of the rule). Here, it is undisputed that the proposed corrected decision issued after the 20-day time period expired. Under the plain language of section 443.151(4)(b)6.…
  • Gonzalez v. Fla. Unemployment Appeals Comm'n, 80 So. 3d 335 (Fla. 3d DCA 2010)
    …Ambrister v. Fla. Unemployment Appeals Comm’n, 968 So. 2d 623 (Fla. 3d DCA [*343] 2007) (Gersten, C.J., Cope, and Salter, JJ.); accord Banos-Hill v. Fla. Unemployment Appeals Comm’n, 967 So. 2d 359 (Fla. 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 Une…
  • …he mailing or delivery of the notice of that decision. Typically, if an individual files an untimely appeal, as Mr. Norman did, the Commission may not review the merits of the appeals 2 referee's decision. See Molina v. Home Depot USA Inc., 941 So. 2d 460, 461 (Fla. 3d DCA 2006) (explaining that if a request to review a referee's decision is untimely filed, then the Commission lacks jurisdiction to hear the merits of the underlying claim). Florida courts have excused untimeliness and carved out a…

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