Legal Opinion

Testa v. Unemployment Appeals Commission

District Court of Appeal of Florida

Decided January 21, 2000No. 2D98-4204Published

1Opinion of the Court

ALTENBERND, Judge.

Nancy M. Testa appeals a final order of the Unemployment Appeals Commission (UAC) dismissing her appeal as untimely. This case is a procedural quagmire. See Hebert v. Unemployment Appeals Comm’n, 677 So.2d 1333, 1336 (Fla. 1st DCA 1996); § 120.68(7)(c), Fla. Stat. (1997). We conclude that Ms. Testa never actually filed an appeal to the UAC, but rather requested the appeals referee reopen her case. The UAC treated this timely and meritorious request as a notice of appeal and improperly rejected it as untimely.

Ms. Testa, who is approximately 75 years old, worked for Global…

2Cases cited2 opinions

  1. Gunther v. Barnett Banks, Inc.District Court of Appeal of Florida · 1992
  2. Hebert v. Unemployment Appeals CommissionDistrict Court of Appeal of Florida · 1996

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