IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
S T E P H A N I E L . N I C K O L A N -
NOT FINAL UNTIL TIME EXPIRES TO
BARRON,
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Appellant,
v.
CASE NO. 1D03-0660
F L O R I D A U N E M P L O Y M E N T
APPEALS COMMISSION,
Appellee.
_____________________________/
Opinion filed November 25, 2003.
An appeal from an order of the Unemployment Appeals Commission.
Stephanie L. Nickolan-Barron, pro se, for Appellant.
John D. Maher, Deputy General Counsel, Tallahassee, for Appellee.
PER CURIAM.
We hold that appellant's facsimile transaction report, which indicates that
appellant's fax, i.e., her notice of appeal, was successfully transmitted to the Office
of Appeals at the Agency for Workforce Innovation within the applicable time frame, constituted sufficient evidence that appellant timely faxed her notice of appeal. See
Reynolds v. SV Cent. Dania Props., Inc., 849 So. 2d 1181, 1182-83 (Fla. 4th DCA
2003); Espanioly v. Fla. Unemployment Appeals Comm'n, 768 So. 2d 1230, 1230
(Fla. 3d DCA 2000); cf. Mendelsohn v. Fla. Unemployment Appeals Comm'n, 851
So. 2d 208, 209 (Fla. 1st DCA 2003). Accordingly, we reverse the Unemployment
Appeals Commission's order affirming the appeals referee's determination that the
appeal was untimely and remand for further proceedings.
REVERSED and REMANDED for further proceedings.
BOOTH, BENTON and LEWIS, JJ., CONCUR.
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