BAKER V. FL UNEMPLOYMENT

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Third District Court of Appeal State of Florida, July Term, A.D. 2011 Opinion filed November 2, 2011. THIS OPINION IS NOT FINAL UNTIL DISPOSITION OF ANY FURTHER MOTION FOR REHEARING AND/OR MOTION FOR REHEARING EN BANC. ANY PREVIOUSLY-FILED MOTION FOR REHEARING EN BANC IS DEEMED MOOT. ________________ No. 3D09-963 Lower Tribunal No. 09-245 ________________ Essie R. Baker, Appellant, vs. Florida Unemployment Appeals Commission, et al., Appellees. An Appeal from Florida Unemployment Appeals Commission. Essie R. Baker, in proper person. M. Elaine Howard, Senior Attorney, for appellees. Before SUAREZ, CORTIÃ AS, and SALTER, JJ. PER CURIAM. ON MOTION FOR REHEARING Upon consideration of the Commission s motion for rehearing, the panel relinquished jurisdiction and remanded the case to the Commission for further remand to the Agency for Workforce Innovation Office of Appeals. The Agency was directed to conduct a further evidentiary hearing regarding the timeliness of its mailing to the appellant here, Ms. Baker. That hearing was conducted on September 13, 2011. Upon consideration of Ms. Baker s response, the transcript of that hearing, and the Commission s status report filed September 26, 2011, we affirm the Commission s order dismissing as untimely Ms. Baker s original appeal from the Agency s determination denying benefits. Affirmed. 2

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