ABREU V. KRAMA
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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 RAMON D. ABREU, ** Appellant, vs. ** ** KRAMA CONSTRUCTION INC. and FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellees. CASE NO. 3D03-2555 ** LOWER TRIBUNAL NO. 03-8038 ** ** Opinion filed April 21, 2004. An Appeal from the Florida Unemployment Appeals Commission. Ramon D. Abreu, in proper person. John D. Maher, for appellee, Florida Unemployment Appeals Commission. Before GERSTEN, FLETCHER and SHEVIN, JJ. PER CURIAM. We reverse the order dismissing Abreu s appeal from the appeal referee s order denying unemployment compensation benefits. Abreu s communications with the Commission demonstrate that he did not receive notice of the hearing, nor any other document thereafter. Hence, the record does not contain competent substantial evidence to support the Commission s finding that Abreu s appeal was untimely. Guerrero v. Fla. Unemployment Appeals Comm n, 855 So. 2d 266 (Fla. 3d DCA 2003); Applegate v. Nat l Health Care Affiliates, Inc., 667 So. 2d 332 (Fla. 1st DCA 1995); Landrum v. James Rummer Timber Harvesting, Inc., 645 So. 2d 577 (Fla. 2d DCA 1994). In order to ensure that Abreu s due process rights are observed, we remand for an evidentiary hearing on this issue. If the Commission determines that Abreu did not receive notice of the decision, his appeal shall be allowed to proceed. Guerrero. Reversed and remanded for an evidentiary hearing. -2-
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