5D03-2829 Albrecht v. UAC

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-2829

Case Date: 04/05/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA JANUARY TERM 2004 FIFTH DISTRICT

TERRY ALBRECHT, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee. _____________________________________/ Opinion filed April 8, 2004 Administrative Appeal from the Unemployment Appeals Commission Terry Albrecht, Bushnell, pro se. John D. Maher, Tallahassee, for Appellee Unemployment Appeals Commission. CASE NO. 5D03-2829

PETERSON, J. Terry Albrecht appeals an order of the Unemployment Appeals Commission, ("UAC"), affirming a referee's dismissal of his claim as untimely. Albrecht's initial claim for unemployment compensation benefits was denied. He received written notice that if he wished to appeal the denial, he could do so within twenty days by filing on-line on the internet at www.fluidnow.com/appeals, by mail or by fax. He chose to use the internet to file his appeal, made a follow-up telephone call to determine that the UAC received his appeal, and he talked with a UAC representative who told him "Hold on, sometimes these take awhile; the appeals go to Tallahassee and are farmed out from there to different offices." Apparently, problems existed with the internet method of filing and Albrecht's appeal was not received until beyond the filing deadline.

The UAC does not dispute Albrecht's assertion that he filed a timely appeal and that he persisted in attempting to use the internet method, but claims that he should have used the mail or fax and that no good cause exceptions are allowed by the statute prescribing the time limitations.

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