JUAN M. LOPEZ ALONSO
v.
REEMPLOYMENT ASSISTANCE APPEALS COMMISSION
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An appellant's failure to timely appeal an adverse reemployment assistance determination within 20 days of notice is not excused absent circumstances tantamount to a due process violation.
[1] A claimant seeking to appeal an adverse reemployment assistance determination must file the appeal within 20 days after the date of delivery of notice, and mere confusion…
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Join FLexlaw to unlock all legal intelligence“The referee's decision plainly informed [appellant] of the filing deadline for any appeal . . . No action or inaction by the Commission caused the untimeliness of [appellant's] appeal, and [appellant] has not otherwise asserted the existence of circumstances tantamount to a due process violation.”
Court's reasoning for upholding dismissal of untimely appeal
Juan M. Lopez Alonso received an adverse determination in a reemployment assistance matter and failed to appeal within the statutory 20-day deadline.…
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Opinion filed November 22, 2023. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-1164 Lower Tribunal No. R.A.A.C. 23-00751
________________
Juan M. Lopez Alonso,
Appellant,
vs.
Reemployment Assistance Appeals Commission,
Appellee.
An Appeal from the Reemployment Assistance Appeals Commission. Juan M. Lopez Alonso, in proper person. Amanda L. Neff, Deputy General Counsel (Tallahassee), for appellee Reemployment Assistance Appeals Commission. Before EMAS, FERNANDEZ and GORDO, JJ. PER CURIAM. Affirmed. See § 443.151(4)(b)1, Fla. Stat. (2021) (“The claimant or any other party entitled to notice of a determination may appeal an adverse determination to an appeals referee . . . within 20 days after the date of delivering the notice.”); Henry v. Reemployment Assistance Appeals
Comm’n, 345 So. 3d 369, 371 (Fla. 3d DCA 2022) (“We are compelled to affirm. The referee’s decision plainly informed [appellant] of the filing deadline for any appeal . . . No action or inaction by the Commission caused the untimeliness of [appellant’s] appeal, and [appellant] has not otherwise asserted the existence of circumstances tantamount to a due process violation.”) (footnote omitted); Javier v. Goodwill Indus. of S. Fla., Inc., 882
So. 2d 524, 525 (Fla. 3d DCA 2004) (holding that a claimant who was confused by the Unemployment Appeals Commission paperwork, and was unable to translate the documents, was not entitled to a good cause exception).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Alonso v. Reemployment Assistance Appeals Comm'n, 345 So. 3d 369 (Fla. 3d DCA 2023)…021) (“The claimant or any other party entitled to notice of a determination may appeal an adverse determination to an appeals referee . . . within 20 days after the date of delivering the notice.”); Henry v. Reemployment Assistance Appeals Comm’n, 345 So. 3d 369, 371 (Fla. 3d DCA 2022) (“We are compelled to affirm. The referee’s decision plainly informed [appellant] of the filing deadline for any appeal . . . No action or inaction by the Commission caused the untimeliness of [appellant’s] appeal, and [appel…
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Norman v. Reemployment Assistance Appeals Comm'n (Fla. 2d DCA 2024)…nt Appeals Comm'n, 871 So. 2d 978, 980 (Fla. 3d DCA 2004) (reversing the Commission's dismissal of Assam's appeal because the staggered mailings caused "confusion as to the appeal deadline"), with Henry v. Reemployment Assistance Appeals Comm'n, 345 So. 3d 369, 371 (Fla. 3d DCA 2022) (affirming the Commission's dismissal where Henry "filed her appeal late due to her own misreading of the referee decision and its appeal instructions," "[n]o action or inaction by the Commission caused the untimeliness of…
Authorities Cited
- Javier v. Goodwill Indus. OF S. Fla., Inc., 882 So. 2d 524 (Fla. 3d DCA 2004)
- Alonso v. Reemployment Assistance Appeals Comm'n, 345 So. 3d 369 (Fla. 3d DCA 2023)