REYNERIO L. EXPOSITO, APPELLANT,
v.
SOUTH FLORIDA HOTELS, INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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WELLS, J.
Claimant Reynerio L. Expósito appeals an order of the Unemployment Appeals Commission. The Commission affirmed the appeals referee’s dismissal of Expositors 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 Exposito’s claim. § 443.151(3)(a), Fla. Stat. (2006) (providing that a denial of benefits “is final unless within 20 days after the mailing of the notices ... an appeal or written request for reconsideration is filed ... ”). Expósi-to does not dispute that the notice of appeal was untimely. We must therefore accept the appeals referee’s finding of untimeliness. See Lawson v. Elizabethtown Gas Co., 913 So. 2d 738, 738 (Fla. 3d DCA 2005); Leon v. Unemployment Appeals Comm’n, 476 So. 2d 761, 761-62 (Fla. 3d DCA 1985).
Accordingly, the Commission’s order is affirmed.
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Citator
Cited By
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Rostran v. The Fla. Unemployment Appeals Comm'n & Holiday CVS, LLC., 83 So. 3d 844 (Fla. 3d DCA 2011)…LLC, 10 So. 3d 1164, 1164 (Fla. 3d DCA 2009) (“Because de la Torre does not dispute that her notice of appeal was untimely, we must accept the referee’s finding of untimeliness and affirm the Commission’s order.”); Exposito v. S. Fla. Hotels, Inc., 994 So. 2d 1117, 1117 (Fla. 3d DCA 2007) (“We agree that the late filing deprived the referee of jurisdiction to consider the merits of Exposito’s claim.”); Lawson v. Elizabethtown Gas Co., 913 So. 2d 738, 738 (Fla. 3d DCA 2005) (“Lawson does not dispute that her n…
Authorities Cited
- March v. State, 476 So. 2d 761 (Fla. 3d DCA 1985)
- Lachanda M. Lawson v. Elizabethtown GAS Co. & Fla. Unemployment Appeals Comm'n, 913 So. 2d 738 (Fla. 3d DCA 2005)