Custodio v. Palm Truck Centers, Inc.
District Court of Appeal of Florida
1Per curiam
The appellant/claimant’s appeal of his denial of unemployment benefits was dismissed by the Unemployment Appeals Commission as untimely filed. Because the record fails to exhibit competent, substantial evidence that the claimant received notice of the appeals referee’s decision, and because the dismissal of the claimant’s appeal would constitute a denial of due process, the decision of the Unemployment Appeals Commission is reversed, and this case is remanded with directions that the claimant's appeal be heard and decided on its substantive merits. See Coon Clothing Co. v. Eggers, 560 So.2d…
2Cases cited7 opinions
- Pierre v. Oriente Sugar Cane Planting, Inc.District Court of Appeal of Florida · 1987
- Teater v. Department of Commerce Bd. of ReviewDistrict Court of Appeal of Florida · 1979
- Robinson v. FLORIDA UNEMPLOYMENT APPEALS COM'NDistrict Court of Appeal of Florida · 1988
- State Ex Rel. Owra v. Florida Dept. of CommerceDistrict Court of Appeal of Florida · 1977
- Polatnick v. FLA. DEPT. OF COM., D. OF EMP. SEC.District Court of Appeal of Florida · 1977
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3Cited by2 opinions
- Astore v. StateDistrict Court of Appeal of Florida · 1993
- Kolodney v. State Unemployment Appeals CommissionDistrict Court of Appeal of Florida · 2001