Third District Court of Appeal
State of Florida
Opinion filed January 4, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-830
Lower Tribunal Nos. 22-00557, 22-00558
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Magaly H. Benitez,
Appellant,
vs.
Reemployment Assistance Appeals Commission,
Appellee.
An Appeal from the Florida Reemployment Assistance Appeals
Commission.
Magaly H. Benitez, in proper person.
Katie E. Sabo, Appellate Counsel (Tallahassee), for appellee.
Before EMAS, SCALES and BOKOR, JJ.
PER CURIAM.
Affirmed. See § 443.151(3)(c), Fla. Stat. (2022) (providing that the
department’s “nonmonetary determination is final unless within 20 days after
the mailing of the notices to the parties' last known addresses, or in lieu of
mailing, within 20 days after the delivery of the notices, an appeal or written
request for reconsideration is filed by the claimant or other party entitled to
notice”); Bertot v. Fla. Unemployment Appeals Com’n,
68 So. 3d 1012, 1014
(Fla. 3d DCA 2011) (holding “late filing of an appeal deprives the appeals
referee of jurisdiction to consider the merits of the underlying claim”); Molina
v. Home Depot USA, Inc.,
941 So. 2d 460 (Fla. 3d DCA 2006) (same); Stuart
v. Fla. Unemployment Appeals Com’n,
961 So. 2d 1020, 1021 (Fla. 1st DCA
2007) (noting: “This twenty-day deadline is jurisdictional, and the appeals
referee does not have jurisdiction to hear an untimely appeal”).
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