Etienne v. Simco Recycling Corp., 98-2008.
Decision Date | 18 November 1998 |
Docket Number | No. 98-2008.,98-2008. |
Parties | Evelyne ETIENNE, Appellant, v. SIMCO RECYCLING CORPORATION, and Florida Unemployment Appeals Commission, Appellees. |
Court | Florida District Court of Appeals |
Evelyne Ethienne, in proper person.
Geri Atkinson-Hazelton, for Appellee, Unemployment Appeals Commission.
Before JORGENSON, COPE, and GERSTEN, JJ.
MOTION TO DISMISS
Appellee, the Unemployment Appeals Commission ("the UAC") moves this court to dismiss Evelyne Etienne's ("the appellant") appeal. We grant the motion to dismiss without prejudice and write to clarify the procedure to be followed when an untimely appellant claims not to have been notified of the entry of an appealable administrative order.
On June 24, 1998, the UAC entered an order denying the appellant unemployment benefits. The UAC apparently sent the appellant a notice of the order's entry informing her of her right to appeal within thirty days. The appellant, however, claims that she never received the notification and only found out about the decision by way of a subsequent letter "telling [her] that [she] had to pay the money paid to [her] by unemployment." She provided the UAC with a sworn statement to this effect and indicated that she wanted to appeal. She also asked the UAC for advice regarding "what [she] need[ed] to do." On August 7, 1998, the appellant filed her notice of appeal in this Court; two weeks after the thirty-day deadline had passed.
117 So.2d 495 (Fla.1959), the situation is not "irremediable." See Millinger v. Broward County Mental Health Div. and Risk Management, 672 So.2d 24 (Fla. 1996); Ford v. Public Employees Relations Commission, 717 So.2d 149 (Fla. 5th DCA 1998).
Under similar circumstances, in untimely appeals from circuit court orders, the appropriate remedy has been to dismiss the untimely appeal without prejudice, allowing the appellant to pursue relief in the lower court by motion seeking to set aside the original order and requesting that a new appealable one be entered. See e.g. Holland v. Singletary, 712 So.2d 840 (Fla. 1st DCA 1998)
; Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983); Woldarsky v. Woldarsky, 243 So.2d 629 (Fla. 1st DCA 1971). This approach was extended to appeals from administrative orders in New Washington Heights Community Dev. Conference v. Dep't of Community Affairs, 515 So.2d 328 (Fla. 3d DCA 1987), disapproved on other grounds by Millinger v. Broward County Mental Health Div. and Risk Management, 672 So.2d 24 (Fla.1996). There, this Court stated:
It would be anomalous indeed if similar relief were unavailable to one appealing an administrative determination merely...
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...by motion seeking to set aside the original order and requesting that a new appealable order be entered. See Etienne v. Simco Recycling Corp., 721 So.2d 399 (Fla. 3d DCA 1998); see also Ney v. Unemployment Appeals Comm'n, 778 So.2d 509 (Fla. 4th DCA 2001); Dorsey v. State, 764 So.2d 619 (Fl......
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...The employer/appellee shall be given an opportunity to respond to the petition and to the relief sought. See Etienne v. Simco Recycling Corp., 721 So.2d 399 (Fla. 3d DCA 1998).SHEPHERD, C.J., and ROTHENBERG and EMAS, JJ., ...
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Velazquez v. Fla. Unemployment Appeals Comm'n, 3D10-2921
...Before RAMIREZ, C.J., and SUAREZ and ROTHENBERG, JJ. PER CURIAM. We dismiss this appeal as untimely. As in Etienne v. Simco Recycling Corp., 721 So. 2d 399 (Fla. 3d DCA 1998), our dismissal is without prejudice. Alejandro Velazquez is free to ask the Unemployment Appeals Commission toPage 2......
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$______ VERDICT - INSURANCE OBLIGATION - UNDERINSURED MOTORIST CLAIM - PLAINTIFF PASSENGER IN RIDESHARE VEHICLE WHEN UNDERINSURED DRIVER RUNS RED LIGHT AND STRIKES REAR SIDE OF VEHICLE - COMMINUTED FRACTURE OF LEFT SCAPULA; NONDISPLACED FRACTURES OF LEFT 1ST THROUGH 5TH RIBS - BLUNT FORCE TRAUMA TO HEAD - TRAUMATIC BRAIN INJURY/CONCUSSION - CERVICAL COMPRESSION INJURIES.
...post-trial motions can be preserved, citing Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983); and Etienne v. Simco Recycling Corp., 721 So. 2d 399, 400 (Fla. 3d DCA 1998). The defendant sought entry of an order vacating the final judgment and underlying default; quashing the facially ......
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$______ VERDICT - INSURANCE OBLIGATION - UNDERINSURED MOTORIST CLAIM - PLAINTIFF PASSENGER IN RIDESHARE VEHICLE WHEN UNDERINSURED DRIVER RUNS RED LIGHT AND STRIKES REAR SIDE OF VEHICLE - COMMINUTED FRACTURE OF LEFT SCAPULA; NONDISPLACED FRACTURES OF LEFT 1ST THROUGH 5TH RIBS - BLUNT FORCE TRAUMA TO HEAD - TRAUMATIC BRAIN INJURY/CONCUSSION - CERVICAL COMPRESSION INJURIES.
...post-trial motions can be preserved, citing Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983); and Etienne v. Simco Recycling Corp., 721 So. 2d 399, 400 (Fla. 3d DCA 1998). The defendant sought entry of an order vacating the final judgment and underlying default; quashing the facially ......
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$______ VERDICT - DRAM SHOP - INTOXICATED DRIVER SERVED ALCOHOL AT DEFENDANT BAR BEFORE SPEEDING WRONG WAY ON HIGHWAY WITHOUT HEADLIGHTS AND CRASHING HEAD-ON INTO VEHICLE WITH 3 PASSENGERS, KILLING 23-YEAR-OLD MEDICAL STUDENT, PERMANENTLY DISABLING HER BROTHER, AND INJURING DRIVER, MOTHER.
...post-trial motions can be preserved, citing Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983); and Etienne v. Simco Recycling Corp., 721 So. 2d 399, 400 (Fla. 3d DCA 1998). The defendant sought entry of an order vacating the final judgment and underlying default; quashing the facially ......
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$______ VERDICT - DRAM SHOP - INTOXICATED DRIVER SERVED ALCOHOL AT DEFENDANT DRAM SHOP BEFORE SPEEDING WRONG WAY ON HIGHWAY WITHOUT HEADLIGHTS AND CRASHING HEAD-ON INTO VEHICLE WITH 3 PASSENGERS, KILLING 23-YEAR-OLD MEDICAL STUDENT, PERMANENTLY DISABLING HER BROTHER, AND INJURING DRIVER/MOTHER.
...post-trial motions can be preserved, citing Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983); and Etienne v. Simco Recycling Corp., 721 So. 2d 399, 400 (Fla. 3d DCA 1998). The defendant sought entry of an order vacating the final judgment and underlying default; quashing the facially ......