Legal Opinion

Talavera v. ROYAL AMERICAN MILLS, INC.

District Court of Appeal of Florida

Decided December 23, 2009No. 3D09-2021Published

1Opinion of the CourtRothenberg, J.

Humberto Talavera appeals the final order of the Florida Unemployment Appeals Commission affirming the dismissal of his appeal as untimely filed. Because the transcript of the telephonic April 16, 2009, hearing contains numerous confusing exchanges between the appeals referee, the interpreter for the hearing, Talavera, and a third party he enlisted for assistance with his appeal, and the transcript suggests that Talavera may have a valid due process argument, we reverse and remand for another evidentiary hearing.

Although the Commission concluded that Talavera’s appeal was untimely filed, the…

2Cases cited1 opinion

  1. Francois v. STATE, UNEMP. APPEALS COM'NDistrict Court of Appeal of Florida · 2003

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