KATHRYN KEABLES, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND KLOTZ FAMILY ENTERPRISES, INC., APPELLEES

Fla. 1st DCA | 2010-02-24
No. 1D09-3104
VAN NORTWICK, PADOVANO, and ROWE, JJ., concur.
31 So. 3d 841 Florida District Court of Appeal, First District (2010)

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Synopsis

The court affirmed the dismissal of an untimely appeal filed by Derrick Colson with the Florida Unemployment Appeals Commission, finding that his incarceration did not constitute good cause for the delay.


Holding

The court held that the Florida Unemployment Appeals Commission correctly dismissed Colson's untimely appeal because his incarceration, without establishing a statutory ground for setting aside the agency's final order, did not provide good cause for the late filing.


Facts & Procedural History

Derrick Colson, while incarcerated, failed to receive notices for an unemployment benefits hearing and the subsequent decision. He filed an appeal ove…

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Opinion of the Court
PER CURIAM.

*842PER CURIAM.

We affirm the order of the Unemployment Appeals Commission affirming the decision of the appeals referee that Kathryn Keables was not entitled to the unemployment compensation benefits that she had received. Global Home Care, Inc. v. State, Dep’t of Labor and Employment Sec., Div. of Unemployment Comp., 521 So.2d 220 (Fla. 2d DCA 1988). Further, section 443.151(6)(b), Florida Statutes (2008), requires Keables to repay the benefits, and it contains no provision excusing repayment based on equitable grounds. Morton v. State, Unemployment Appeals Comm’n, 769 So.2d 1119 (Fla. 2d DCA 2000); Moreno v. State Unemployment Appeals Comm’n, 676 So.2d 469 (Fla. 4th DCA 1996).

AFFIRMED.

VAN NORTWICK, PADOVANO, and ROWE, JJ., concur.


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