MANUEL R. YANES, APPELLANT,
v.
UNIVERSAL GAS CORP. AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
MANUEL R. YANES, APPELLANT,
UNIVERSAL GAS CORP. AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
617 So. 2d 778
Florida District Court of Appeal, Third District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Based on an examination of the record and the Florida Unemployment Appeals Commission’s confession of error, we find that the record contains insufficient evidence to support the decision of the Commission’s appeals referee that Manuel Yanes’ initial appeal of the denial of his unemployment benefits to the Florida Department of Labor and Employment Security, Division of Unemployment Compensation (Division), was untimely filed. Thus, the Division had jurisdiction to hear the merits of Yanes’ claim, and the appeals referee erred in finding otherwise. Teater v. Department of Commerce Bd. of Review, 370 So. 2d 847 (Fla. 3d DCA 1979). Accordingly, the order under review is reversed.
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Citator
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Gonzalez v. City OF Hollywood, 805 So. 2d 58 (Fla. 3d DCA 2002)…on the merits. North Shore Hospital, Inc. v. Barber, 143 So. 2d 849, 852 (Fla.1962). There is precedent for excusing procedural errors in the forfeiture context, as any other. State Dept. [*60] of Natural Resources v. In re Forfeiture of One Vessel, 617 So. 2d 778, 775 (Fla. 3d DCA 1993). Further, in order to obtain return of the funds, the defendant must demonstrate that the funds are, in fact, his. Munoz v. City of Coral Gables, 695 So. 2d 1283 (Fla. 3d DCA 1997). The defendant relies on State v. Valdes,…
Authorities Cited
- Teater v. Dep't OF Commerce Bd. OF Review, 370 So. 2d 847 (Fla. 3d DCA 1979)