IN THE DISTRICT COURT OF APPEAL 
FIRST DISTRICT, STATE OF FLORIDA 


HARLEY R. PHILLIPS, 
Appellant, 
NOT FINAL UNTIL TIME EXPIRES TO 
FILE MOTION FOR REHEARING AND 
DISPOSITION THEREOF IF FILED. 
v. CASE NO. 1D06-1016 
FLORIDA 
APPEALS 
UNEMPLOYMCOMMISSION 
ENT 
and 

NELCO ONE, INC. 

Appellees. 

______________________________/ 

Opinion filed May 4, 2006. 

An appeal from the Florida Unemployment Appeals Commission. 

Alan Forst, Chairman. 
Harley R. Phillips, pro se, Appellant. 
Geri Atkinson-Hazelton, General Counsel, Tallahassee, for Appellee Florida 


Unemployment Appeals Commission. 


PER CURIAM. 

Because appellant’s notice of appeal was not timely filed, we are compelled to 
dismiss this appeal for lack of jurisdiction. However, in light of appellant’s allegation 
that he was misinformed by staff at the Unemployment Appeals Commission 
concerning the process for initiating an appeal, this disposition is without prejudice 
to appellant’s right to seek relief by filing a motion with the Unemployment Appeals 
Commission requesting that it vacate and reenter the final order at issue. See New 
Washington Heights Community Development Conference v. Department of 
Community Affairs, 515 So. 2d 328 (Fla. 3d DCA 1987), disapproved on other 
grounds, Millinger v. Broward County Mental Health Division and Risk Mgmt., 672 
So. 2d 24 (Fla. 1996). 

APPEAL DISMISSED. 
ALLEN, VAN NORTWICK, and POLSTON, JJ., CONCUR.