Narrative Opinion Summary
The dismissal of the employee's appeal was affirmed as it was filed after the designated time limit, in accordance with § 443.151(4)(b)3 of the Florida Statutes (1993). Relevant case law supporting this decision includes Leon v. Unemployment Appeals Commission, 476 So.2d 761 (Fla. 3d DCA 1985) and distinguishes it from Teater v. Department of Commerce Board of Review, 370 So.2d 847 (Fla. 3d DCA 1979). Additionally, the appeals referee’s decision was deemed to be supported by sufficient evidence, as referenced in Lundy’s Market, Inc. v. Florida Department of Commerce, 373 So.2d 433 (Fla. 3d DCA 1979).
Legal Issues Addressed
Distinguishing Prior Case Lawsubscribe to see similar legal issues
Application: The court distinguished the current case from Teater v. Department of Commerce Board of Review, indicating a different application of law or facts.
Reasoning: Relevant case law supporting this decision includes Leon v. Unemployment Appeals Commission, 476 So.2d 761 (Fla. 3d DCA 1985) and distinguishes it from Teater v. Department of Commerce Board of Review, 370 So.2d 847 (Fla. 3d DCA 1979).
Precedent in Timeliness of Appealssubscribe to see similar legal issues
Application: The court relied on precedent from Leon v. Unemployment Appeals Commission to support the dismissal of the late-filed appeal.
Reasoning: Relevant case law supporting this decision includes Leon v. Unemployment Appeals Commission, 476 So.2d 761 (Fla. 3d DCA 1985).
Sufficiency of Evidence for Appeals Referee Decisionsubscribe to see similar legal issues
Application: The decision of the appeals referee was upheld as it was supported by sufficient evidence, consistent with the standard set in Lundy’s Market, Inc. v. Florida Department of Commerce.
Reasoning: Additionally, the appeals referee’s decision was deemed to be supported by sufficient evidence, as referenced in Lundy’s Market, Inc. v. Florida Department of Commerce, 373 So.2d 433 (Fla. 3d DCA 1979).
Timeliness of Appeal under Florida Statutessubscribe to see similar legal issues
Application: The employee's appeal was dismissed because it was filed after the designated time limit set by § 443.151(4)(b)3 of the Florida Statutes.
Reasoning: The dismissal of the employee's appeal was affirmed as it was filed after the designated time limit, in accordance with § 443.151(4)(b)3 of the Florida Statutes (1993).