KATHERINE MIRELLA AREA ALVAREZ
v.
REEMPLOYMENT ASSISTANCE APPEALS COMMISSION
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Katherine Alvarez appealed a Reemployment Assistance Appeals Commission decision, but the appeal was dismissed as untimely. The Third District affirmed the dismissal, holding that the 20-day appeal period is jurisdictional and cannot be waived.
The court affirmed the dismissal of the appeal as untimely. The 20-day appeal period is jurisdictional, and the Commission properly dismissed the appeal under Florida Statute § 443.151(4)(b)(3) because Alvarez failed to provide written evidence of timely filing or good cause for the delay within 15 days of the order to show cause.
[1] The 20-day appeal period for reemployment assistance determinations is jurisdictional, and failure to file within that period results in dismissal of the appeal absent ev…
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Join FLexlaw to unlock all legal intelligence“Because the 20-day appeal period is jurisdictional, the Unemployment Appeals Commission properly dismissed the appeal as untimely.”
Establishes that the 20-day appeal deadline is jurisdictional and dismissal of untimely appeals is proper
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Join FLexlaw to unlock all legal intelligenceAlvarez appealed a decision from the Reemployment Assistance Appeals Commission. The Commission issued an order to show cause requiring Alvarez to dem…
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Opinion filed May 29, 2024. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D23-1543 Lower Tribunal No. 23-00952 ________________
Katherine Mirella Area Alvarez,
Appellant,
vs.
Reemployment Assistance
Appeals Commission,
Appellee.
An Appeal from the State of Florida, Reemployment Assistance Appeals Commission. Katherine Mirella Area Alvarez, in proper person. Amanda L. Neff, Deputy General Counsel (Tallahassee), for appellee. Before LINDSEY, GORDO, and BOKOR, JJ. PER CURIAM.
Affirmed. See Caldera v. Fla. Unemployment Appeals Com’n, 758 So. 2d 736, 736 (Fla. 3d DCA 2000) (“Because the 20-day appeal period is jurisdictional, the Unemployment Appeals Commission properly dismissed the appeal as untimely.”); see also § 443.151(4)(b)(3), Fla. Stat. (2023) (“If an appeal appears to have been filed after the permissible time limit, the Office of Appeals may issue an order to show cause to the appellant which requires the appellant to show why the appeal should not be dismissed as untimely. If, within 15 days after the mailing date of the order to show cause, the appellant does not provide written evidence of timely filing or good cause for failure to appeal timely, the appeal shall be dismissed.”).
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- Nestor J. Caldera v. Fla. Unemployment Appeals Comm'n, 758 So. 2d 736 (Fla. 3d DCA 2000)