FILOMIA
v.
REEMPLOYMENT ASSISTANCE APPEALS COMMISSION

Fla. 3d DCA | 2019-04-24
No. 18-2208
Lagoa, Scales, Suarez
2017 WL 1927712 Florida District Court of Appeal, Third District (2019)
Also reported at: 2017 Fla. App. LEXIS 6587

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Holding

An appellant in an administrative appeal must affirmatively demonstrate error, and the burden of properly presenting a case for review rests on the litigant regardless of whether represented by counsel.


Headnotes

[1] A pro se litigant on appeal is bound by the same procedural rules applicable to counsel and bears the burden of properly presenting the case for appellate review.

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Key Quotes

“in appellate proceedings . . . the burden is on the appellant to demonstrate error”

Statement of the appellate standard governing review in Florida.

Facts & Procedural History

Ingrid Filomia appealed a decision by the Reemployment Assistance Appeals Commission against her in a matter involving Celebrity Cruises Inc. Filomia …

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Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed April 24, 2019. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D18-2208 Lower Tribunal No. 18-2141

________________

Ingrid Filomia,

Appellant,

vs.

Celebrity Cruises Inc. and Reemployment Assistance Appeals Commission, Appellees.

An Administrative appeal from the Reemployment Assistance Appeals Commission. Ingrid Filomia, in proper person.

Amanda L. Neff (Tallahassee), Deputy General Counsel & Chief Appellate Attorney, for appellee Reemployment Assistance Appeals Commission. Before EMAS, C.J., and SALTER, and MILLER, JJ. PER CURIAM.

Although we are sympathetic to appellant’s personal tragedy, it is wellsettled that “in appellate proceedings . . . the burden is on the appellant to demonstrate error,” thus, we affirm.1 Applegate v. Barnett Bank of Tallahasee, 377 So. 2d 1150, 1152 (Fla. 1979); see Steele v. Fla. Unemployment Appeals Comm’n, 596 So. 2d 1190, 1192 (Fla. 1st DCA 1992) (“The burden of properly presenting a case to this court for review must therefore remain squarely upon the litigant, whether represented by counsel or not.”); see also J.A.B. Enters. v. Gibbons, 596 So. 2d 1247, 1250 (Fla. 4th DCA 1992) (“[A]n issue not raised in an initial brief is deemed abandoned.”) (citations omitted). Affirmed.

Footnotes
1 “In Florida, pro se litigants are bound by the same rules that apply to counsel.” Stueber v. Gallagher, 812 So. 2d 454, 457 (Fla. 5th DCA 2002) (citing Kohn v. City of Miami Beach, 611 So. 2d 538 (Fla. 3d DCA 1992)).

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