Ney v. Unemployment Appeals Commission

ON MOTION FOR REHEARING POLEN, J. On appellee’s motion for rehearing, we vacate our December 7, 2000, order remanding this case to the Unemployment Appeals Commission (“UAC”) for an evi-dentiary hearing to determine whether appellant timely received a copy of the UAC’s order. We, instead, dismiss this appeal without prejudice so that appellant may petition the UAC to consider vacating its original order and enter a new, appeal-able final order. See Etienne v. Simco Recycling Corp., 721 So.2d 399 (Fla. 3d DCA1998). KLEIN and TAYLOR, JJ., concur.