MARILYN FRYER, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND PLAZA MATERIALS CORPORATION, APPELLEES
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PER CURIAM.
Marilyn Fryer appeals the final order of the Unemployment Appeals Commission (UAC) denying her the right to a hearing on the issue of the denial of unemployment benefits because her notice of appeal was untimely. We are compelled to affirm because Fryer’s notice of appeal was untimely, and she did not state any reason for filing the notice late. Pursuant to section 443.151(3)(a), Florida Statutes (1993), and Florida Administrative Code Rule 38E-5.007, the appeals referee was required to dismiss Fryer’s appeal. The statute and rule do not permit any exceptions. See Luzier v. Florida Dep’t of Commerce, 307 So. 2d 503 (Fla. 2d DCA 1975); Leon v. Unemployment Appeals Comm’n, 476 So. 2d 761 (Fla. 3d DCA 1985).
Affirmed.
PARKER, A.C.J., and LAZZARA and NORTHCUTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Cann v. Dep't of Child. & Fam. Servs., 813 So. 2d 237 (Fla. 2d DCA 2002)…compels the dismissal of untimely requests, and because equitable tolling provides no exception in this ease, we must affirm the Department’s order dismissing the Canns’ request for hearing as untimely. Cf. Fryer v. Fla. Unemployment Appeals Comm’n, 691 So. 2d 27 (Fla. 2d DCA 1997) (affirming Unemployment Appeals Commission order affirming appeals referee’s dismissal of request for review because it was untimely; noting, “The statute and rule do not permit any exceptions.”). Id. at 27. We note, however, tha…
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Eric Michael Patz, M.D. v. Dep't OF Health, 864 So. 2d 79 (Fla. 3d DCA 2003)…compels the dismissal of untimely requests, and because equitable tolling provides no exception in this case, we must affirm the Department’s order dismissing the Canns’ request for hearing as untimely. Cf. Fryer v. Fla. Unemployment Appeals Comm’n, 691 So. 2d 27 (Fla. 2d DCA 1997) (affirming Unemployment Appeals Commission order affirming appeals referee’s dismissal of request for review because it was untimely; noting, “The statute and rule [*82] do not permit any exceptions.”). Id. at 27. We note, howeve…
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Leichering v. Unemployment Appeals Comm'n, 854 So. 2d 850 (Fla. 5th DCA 2003)…. 2d 637 (Fla. 4th DCA 1991); Robinson v. Florida Unemployment Appeals Comm’n, 526 So. 2d 198 (Fla. 4th DCA 1988); Pierre v. Oriente Sugar Cane Planting, Inc., 504 So. 2d 431 (Fla. 4th DCA 1987); but see Fryer v. Florida Unemployment Appeals Comm’n, 691 So. 2d 27 (Fla. 2d DCA 1997). The facts of this case are similar to this court’s Carrigan decision. Carrigan had applied for unemployment benefits and received a Wage and Transcript document stating that he would receive $72/week in benefits. 615 So. 2d at 2…
Authorities Cited
- March v. State, 476 So. 2d 761 (Fla. 3d DCA 1985)
- Luzier v. Fla. Dep't OF Commerce, 307 So. 2d 503 (Fla. 2d DCA 1975)