IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
GINA M. LINDEN,
Appellant,
v. Case No. 5D17-1051
REEMPLOYMENT ASSISTANCE
APPEALS COMMISSION,
Appellee.
________________________________/
Opinion filed January 5, 2018
Administrative Appeal from the
Reemployment Assistance
Appeals Commission.
Gina M. Linden, Windermere, pro se.
Amanda L. Neff, Deputy General
Counsel and Chief Appellate Attorney,
of Reemployment Assistance Appeals
Commission, Tallahassee,
for Appellee.
PER CURIAM.
Gina M. Linden appeals from an order of the Reemployment Assistance Appeals
Commission (“RAAC”) dismissing her appeal of an administrative decision denying
unemployment compensation benefits as untimely. We affirm.
Ms. Linden contends that she had good cause for failing to timely file her appeal
with the RAAC. Unfortunately, section 443.151(4)(b)1., Florida Statutes (2016), which
governs appeals from RAAC determinations, does not provide a “good cause” exception
that would permit the RAAC to accept an untimely appeal. See Thurmond v. Fla.
Unemployment Appeals Comm’n, 881 So. 2d 89, 91 (Fla. 1st DCA 2004). The courts
have carved out a limited exception in cases where the claimant alleges the untimeliness
of unemployment appeals was “occasioned by the actions of the Commission.” Assam
v. Fla. Unemployment Appeals Comm’n, 871 So. 2d 978, 980 (Fla. 3d DCA 2004).
However, that has not been demonstrated here. Therefore, although sympathetic to her
plight, we must affirm the RAAC decision.
AFFIRMED.
ORFINGER, EVANDER and WALLIS, JJ., concur.
2