Legal Opinion

Calderon v. Publix Super Markets, Inc.

District Court of Appeal of Florida

Decided June 15, 2005No. 3D04-3280PublishedCited by 2 opinions

1Per curiam

We affirm the order of the Florida Unemployment Appeals Commission which dismissed the appeal of Carlos E. Calderon. The appeal was untimely because it was not filed within twenty days of the date that the referee’s decision was mailed to him. See § 443.151(4)(b), Fla. Stat. (2004); Malary v. Brinker Int’l Payroll, 898 So.2d 1184 (Fla. 3d DCA 2005). There is no claim that the appellant failed to receive the appeals referee’s decision, or that he received it too late to file a timely appeal. See Guerrero v. Florida Unemployment Appeals Comm’n, 855 So.2d 266 (Fla. 3d DCA 2003).

Affirmed.

2Cases cited2 opinions

  1. Guerrero v. FLORIDA UNEMPLOYMENT APPEALS COM'NDistrict Court of Appeal of Florida · 2003
  2. Malary v. BRINKER INTERNATIONAL PAYROLLDistrict Court of Appeal of Florida · 2005

3Cited by2 opinions

  1. Gonzalez v. Florida Unemployment Appeals CommissionDistrict Court of Appeal of Florida · 2011
  2. Gonzalez v. Florida Unemployment Appeals CommissionDistrict Court of Appeal of Florida · 2011