CHARLES M. NEY, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION AND CROOM CONSTRUCTION CO., APPELLEES
CHARLES M. NEY, APPELLANT,
UNEMPLOYMENT APPEALS COMMISSION AND CROOM CONSTRUCTION CO., APPELLEES
778 So. 2d 509
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
POLEN, J.
On appellee’s motion for rehearing, we vacate our December 7, 2000, order remanding this case to the Unemployment Appeals Commission (“UAC”) for an evidentiary hearing to determine whether appellant timely received a copy of the UAC’s order. We, instead, dismiss this appeal without prejudice so that appellant may petition the UAC to consider vacating its original order and enter a new, appeal-able final order. See Etienne v. Simco Recycling Corp., 721 So. 2d 399 (Fla. 3d DCA1998).
KLEIN and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gundlah v. Moore, 831 So. 2d 780 (Fla. 4th DCA 2002)…lief in the lower tribunal by motion seeking to set aside the original order and requesting that a new appealable order be entered. See Etienne v. Simco Recycling Corp., 721 So. 2d 399 (Fla. 3d DCA 1998); see also Ney v. Unemployment Appeals Comm’n, 778 So. 2d 509 (Fla. 4th DCA 2001); Dorsey v. State, 764 So. 2d 619 (Fla. 4th DCA 2000); Dep’t of Corr. v. Saulter, 742 So. 2d 368 (Fla. 1st DCA 1999). If the lower tribunal acts favorably upon such application, the appellant may timely appeal the re-entered order…
Authorities Cited
- Gaston v. State, 721 So. 2d 399 (Fla. 2d DCA 1998)
- Evelyne Etienne v. Simco Recycling Corp., 721 So. 2d 399 (Fla. 3d DCA 1998)