PORTIA J. SIMMONS, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, WENDY'S INTERNATIONAL, INC., AND WENDY'S OLD FASHIONED HAMBURGER, APPELLEES

Fla. 3d DCA | 2010-09-22
No. 3D10-315
Before WELLS and SUAREZ, JJ„ and SCHWARTZ, Senior Judge.
44 So. 3d 222 Florida District Court of Appeal, Third District (2010) Positive Treatment
Cited by 6 cases
Topics
Show Cause Hearing Jurisdiction

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Opinion of the Court
WELLS, Judge.

WELLS, Judge.

This is an appeal from an order of the Unemployment Appeals Commission dismissing the appeal of Portia J. Simmons as untimely filed. The Commission dismissed Simmons’ appeal after according her an opportunity to show cause why her appeal was filed thirty-five days late. On the record before us, we find no error in the determination that the appeal was untimely and affirm. See § 443.151(4)(b)5, Fla. Stat. (2010) (providing twenty days in which to appeal from a referee’s determination); 60BB-7.006 Fla. Admin. Code R. (providing “[a]n application for review which is not filed within the time allowed by law shall be dismissed by the Commission for lack of jurisdiction”); Espinosa v. Cableoptics, 807 So.2d 195, 196 (Fla. 3d DCA 2002) (confirming that the time limits imposed under section 443.151(4) do not provide for good cause exceptions to the time accorded to file an appeal); Linderman v. K.B. Beach Suites LTD PTR, 751 So.2d 1262 (Fla. 3d DCA 2000).

Accordingly, the order on appeal is affirmed.

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  • Ira Marcus v. Fla. Bagels, LLC, 112 So. 3d 631 (Fla. 4th DCA 2013)
    …rate. An obligation to arbitrate is based on consent, “and for this reason ‘a non-signatory to a contract containing an arbitration agreement ordinarily cannot compel a signatory to submit to arbitration.’ ” Roman v. Atl. Coast Constr. & Dev., Inc., 44 So. 3d 222, 224 (Fla. 4th DCA 2010) (quoting Koechli v. BIP Int’l, Inc., 870 So. 2d 940, 943 (Fla. 1st DCA 2004)). However, courts “have been willing to estop a signatory from avoiding arbitration with a nonsignatory when the issues the nonsignatory is seeking…
  • Allscripts Healthcare Solutions, Inc. v. Pain Clinic OF Nw. Fla., Inc., 158 So. 3d 644 (Fla. 3d DCA 2014)
    …BIP Int’l, Inc., 870 So. 2d 940, 944 (Fla. 1st DCA 2004) (citation omitted); or (2) when “there are allegations of concerted action by both a nonsignatory and one or more of the signatories to the contract.” Roman v. Atl. Coast Constr. & Dev., Inc., 44 So. 3d 222, 224 (Fla. 4th DCA 2010) (citation omitted). Allscripts asserts that arbitration should be compelled under the first exception. The idea behind the first exception is that a signatory plaintiff should not be allowed to sue to essentially enforce it…
  • Lash & Goldberg LLP v. Clarke, 88 So. 3d 426 (Fla. 4th DCA 2012)
    …ause the complaint alleges that the defendants engaged in concerted conduct that harmed Clarke. Generally, a non-signatory to an arbitration agreement cannot compel a signatory to submit to arbitration. See Roman v. Atl. Coast Constr. & Dev., Inc., 44 So. 3d 222, 224 (Fla. 4th DCA 2010). One exception to the rule is that a non-signatory can compel arbitration when the [*428] signatory to the contract containing the arbitration clause alleges substantially interdependent and concerted misconduct by both the…

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