EILEEN M. BRENNAN, PETITIONER,
v.
PAUL BARABAS INTERIORS, RESPONDENT
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PER CURIAM.
We find that the petitioner, Eileen M. Brennan, did not receive timely notice of a hearing to determine her right to unemployment compensation benefits. After her counsel filed a notice of appearance and a written request that any notice of hearing be directed to counsel, the Department of Commerce scheduled a hearing without notifying counsel. A copy of the notice was sent to the petitioner’s home address, but it is undisputed that the petitioner was away from her residence at the time the notice was sent through the time of the subsequent hearing. When a default order was received by the petitioner, her counsel sought a rehearing on the grounds set out above. The rehearing was denied. Since there was a written request for notice to counsel in the Department’s file at the time the notice was sent to the petitioner’s residence, we believe she is entitled to a new hearing. Accordingly, the petition for writ of certiorari is granted; and the decision of the Department of Commerce Board of Review is quashed with directions for further proceedings consistent with this opinion.
ALDERMAN, ANSTEAD and MOORE, JJ., concur.
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Thamer R. Azule v. Fla. Unemployment Appeals Comm'n & Hoover Indus., Inc., 829 So. 2d 274 (Fla. 3d DCA 2002)…of hearing was not sent to her current address. As failure to provide notice to a current address is a due process violation, see Oliver v. Unemployment Appeals Comm’n, 616 So. 2d 1088 (Fla. 4th DCA 1993); see also Brennan v. Paul Barabas Interiors, 357 So. 2d 746 (Fla. 4th DCA 1978), we reverse and remand for an evidentiary hearing concerning this issue. If the referee determines that notice was improperly mailed, the referee shall conduct a new hearing on the merits of appellant’s claim. Reversed and rema…