IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA 
FIFTH DISTRICT JANUARY TERM 2004 
MELISSA SUAREZ, 
Appellant, 
v. CASE NO. 5D03-3316 
UNEMPLOYMENT APPEALS COMMISSION, 
Appellee. 
/ 
Opinion Filed May 7, 2004 
Administrative Appeal from the 
Unemployment Appeals Commission. 
Melissa Suarez, Orlando, pro se. 
John D. Maher, Tallahassee, for Appellee. 
GRIFFIN, J. 

Appellant seeks review of an order of the Unemployment Appeals Commission [“UAC”] 
dismissing her appeal of the decision of an appeals referee. Appellant concedes the appeal 
was filed untimely, but seeks to have the appeal proceed because of circumstances beyond 
her control. She asserts that she accidentally left her file in her desk at work and her employer 
was closed over the holiday. The timely filing of the notice is what gives the UAC jurisdiction. 
In the absence of timely filing, UAC lacks the power to act. The quality of the excuse does not 
matter so long as she was notified of the referee’s decision, thereby satisfying due process. 
Appellant’s response reflects without dispute that she received the required notice of the 
decision she seeks to appeal. 

AFFIRMED.


PETERSON and ORFINGER, JJ., concur.