LEVERT V. UAC

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 JEAN G. LEVERT, ** Appellant, ** CASE NO. 3D03-1723 vs. ** FLORIDA UNEMPLOYMENT APPEALS, etc., et al., ** LOWER TRIBUNAL NO. 03-5192 Appellees. ** ** Opinion filed March 31, 2004. An Appeal from the Florida Unemployment Appeals Commission. Jean G. Levert, in proper person. John D. Maher (Tallahassee), for Appellee, Unemployment Appeals Commission. Before COPE, FLETCHER, and RAMIREZ, JJ. PER CURIAM. Claimant Jean G. Levert appeals an order of the Unemployment Appeals Commission which affirmed the appeals referee s dismissal of his untimely appeal from a unemployment compensation benefits. claims adjudication denying We agree that the late filing deprived the referee of jurisdiction to consider the merits of Levert's claim. See § 443.151(3)(a), (4)(b), Fla. Stat. (2003); Fla. Admin. Code, R. 60BB-5.007. As in Leon v. Unemployment Appeals Com'n, 476 So. 2d 761 (Fla. 3d DCA 1985), Levert does not dispute that the notice of appeal was untimely. accept the appeals referee s finding of untimeliness. We therefore The failure to comply with applicable review procedures compels us to affirm the Commission s order. Affirmed. 2

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