Legal Opinion

MacHado v. Florida Unemployment Appeals Commission

District Court of Appeal of Florida

Decided December 3, 2010No. 1D10-4037PublishedCited by 2 opinions

1Opinion of the CourtBenton, C.J.

Ricardo Machado appeals an order ruling his appeal from an appeals referee to the Unemployment Appeals Commission (UAC) untimely, and dismissing the administrative appeal for lack of jurisdiction on that basis, so letting stand the denial of his claim for benefits. We reverse and remand for an evidentiary hearing.

Section 443.151(4)(b)5., Florida Statutes (2010), provides that an appeals referee’s decision is final unless further review is initiated within twenty days after the Agency for Workforce Innovation mails notice of the decision. Appeals “filed by mail shall be considered to have been…

2Cases cited9 opinions

  1. Espinosa v. Cableoptics, Inc.District Court of Appeal of Florida · 2002
  2. Tse Teng Lin v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1999
  3. Applegate v. NAT. HEALTH CAREDistrict Court of Appeal of Florida · 1995
  4. Texas Beef Cattle Co. v. Green, Texas Court of Appeals, 9th District (Beaumont)1993
  5. Thurman v. UACDistrict Court of Appeal of Florida · 2004

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3Cited by2 opinions

  1. Lozier Corp. v. Douglas Cty. Bd. of Equal.Nebraska Supreme Court · 2013
  2. JPMorgan Chase Bank, National Ass'n v. BigleyDistrict Court of Appeal of Florida · 2013

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