Gregg v. Reemployment

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED LARRY GREGG, Appellant, v. Case No. 5D13-3979 REEMPLOYMENT ASSISTANCE APPEALS COMMISSION, Appellee. ________________________________/ Opinion filed January 31, 2014 Administrative Appeal from the Reemployment Assistance Appeals Commission. Larry Gregg, Deltona, pro se. Louis A. Gutierrez, of Reemployment Assistance Appeals Commission, Tallahassee, for Appellee. PER CURIAM. Larry Gregg appeals a final order of the Reemployment Assistance Appeals Commission, which dismissed as untimely his appeal of an adverse decision from the referee assigned to his case. The adverse decision was mailed to Gregg on May 30, 2013, and notified Gregg of the twenty-day appeal deadline set forth in section 443.151(4)(b), Florida Statutes (2012). Despite the timely notice, Gregg did not attempt to appeal the referee's decision until September 13, 2013 106 days later. Although the Commission gave Gregg an opportunity to show cause why his appeal should not be considered untimely, Gregg presented nothing in response that could legally justify accepting a belated appeal. See, e.g., Colson v. Fla. Unemp t Appeals Comm'n, 76 So. 3d 1042 (Fla. 1st DCA 2011). As such, we affirm the Commission's decision to dismiss Gregg's appeal. AFFIRMED. PALMER, ORFINGER and LAWSON, JJ., concur. 2

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