Bacon v. Florida Unemployment Appeals Commission (799 So. 2d 1068, 2001)

PER CURIAM.

Bettye J. Bacon appeals from an administrative order of the Florida Unemployment Appeals Commission dismissing her appeal from denial of benefits as untimely filed. We reverse.

The record shows that the determination of the claims adjudicator was mailed to Bacon on July 31, 2000, and that she filed her appeal from that determination on August 9, 2000. We therefore reverse the determination that Bacon’s appeal was untimely filed, see Belvue v. Florida Unemployment Appeals Comm’n, — So.2d —, 2001 WL 945847 (Fla. 3d DCA Aug.22, 2001), and remand for consideration of Bacon’s appeal on the merits.

Reversed and remanded.

ON MOTION FOR REHEARING

PER CURIAM.

The Florida Unemployment Appeals Commission seeks a rehearing of our opinion filed on September 19, 2001, contending that this court erred as to the date Bettye J. Bacon’s appeal was filed. We point out that the record reflects that Bacon’s appeal was timely filed initially (on August 9, 2000) with the local office representative. [R.05] After that filing whatever internal machinations, or demands on Bacon, resulted in the alteration (on the application) of the filing date are irrelevant.

Petition for rehearing denied.

. The Commission waived oral argument. We believe the result would have been clear to the Commission had its representative attended.