         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D17-4912
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JOSEPH M. WIPPEL,

    Appellant,

    v.

REEMPLOYMENT ASSISTANCE
APPEALS COMMISSION,

    Appellee.
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On appeal from the Reemployment            Assistance   Appeals
Commission.
Frank E. Brown, Chairman.

                      December 18, 2018

PER CURIAM.

     Wippel filed an appeal to the Reemployment Assistance
Appeals Commission (RAAC) after he received two contradictory
notifications concerning his application for reemployment
assistance. RAAC dismissed the appeal as untimely, and Wippel
now appeals that dismissal. RAAC concedes error, stating that it
should not have dismissed the appeal if it was untimely due to
overlapping agency orders. We accept this concession, and
remand for a determination as to whether Wippel filed a belated
appeal to RAAC due to confusion stemming from these orders.
See Ellis v. Unemployment Appeals Comm’n, 73 So. 3d 887, 890
(Fla. 4th DCA 2011).

    REVERSED and REMANDED.
OSTERHAUS, WINOKUR, and M.K. THOMAS, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Joseph M. Wippel, pro se, Appellant.

Norman Blessing, General Counsel,        and Cristina Velez,
Appellate  Counsel,    Reemployment      Assistance  Appeals
Commission, Tallahassee, for Appellee.




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