MOLINA V. HOME DEPOT

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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 JULY TERM, A.D. 2006 LAWRENCE MOLINA, ** Appellant, vs. ** ** HOME DEPOT USA INC. and FLORIDA ** UNEMPLOYMENT APPEALS COMMISSION, ** Appellees. ** CASE NO. 3D06-367 LOWER TRIBUNAL NO. 06-00045 Opinion filed October 25, 2006. An Appeal from the Florida Unemployment Appeals Commission. Lawrence Molina, in proper person. John D. Maher (Tallahassee), for the Florida Unemployment Appeals Commission. Before GREEN, WELLS, and SUAREZ, JJ. SUAREZ, J. Lawrence Molina appeals the Florida Unemployment Appeals Commission s ( UAC ) dismissal of his late-filed appeal of the referee s decision. We affirm the dismissal. A referee s decision is final unless a review is initiated within twenty days after the date of mailing of the notice of the referee s decision. § 443.151(4)(b)5, Fla. Stat. (2005). If an application dismissed Admin. by Code for the R. review is commission 60BB-7.006. not for Molina timely lack of does filed, it must jurisdiction. not dispute be Fla. that he timely received the referee s decision and that it notified him of his right to appeal his claim for unemployment compensation within twenty days. Nor does he dispute that his application for review was not filed within the twenty day requirement. As Molina s notice of initiation was not timely filed, UAC does not have jurisdiction to hear this matter on the merits. Espinosa v. Cableoptics, 807 So. 2d 195 (Fla. 3d DCA 2002). For this reason, we affirm the dismissal of the appeal. Affirmed. 2

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