RODRIGUEZ V. UAC

Annotate this Case

Download PDF

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 ROBERTO S. RODRIGUEZ, Appellant, ** ** ** vs. ** FLORIDA UNEMPLOYMENT APPEALS COMMISSION, et al., Appellees. ** CASE NO. 3D03-2571 LOWER TRIBUNAL CASE NO. UAC 03-8957 ** Opinion filed March 31, 2004. An appeal from the Florida Unemployment Appeals Commission. Roberto S. Rodriguez, in proper person. John D. Maher (Tallahassee), for appellee. Before GERSTEN, FLETCHER, and SHEPHERD, JJ. PER CURIAM. Roberto S. Rodriguez appeals from a final order of the Unemployment Appeals Commission confirming the dismissal of his internal appeal1 as untimely. However, in the aviso de apelacion Rodriguez states: Yo nunca recibi la notificacion por coreo. ( I am appealing because I never received the notice2 in the mail. ) The Commission s document entitled Dismissal of appeal due to lack of jurisdiction contains the appeal referee s findings of fact as to untimeliness. It does not include a finding as to Rodriguez contention of non-receipt of the notice. Under this circumstance, a remand to the agency to hold a hearing to determine the issue of receipt is required. See Holmes v. City of West Palm Beach, 627 So. 2d 52 (Fla. 4th DCA 1993). The order appealed is therefore reversed and the cause is remanded for the required hearing. 1 to the appeals referee 2 of the initial determination that Rodriguez was not entitled to unemployment benefits 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.