Dann Ocean Towing, Inc. v. Florida Unemployment Appeals Commission

District Court of Appeal of Florida

Dann Ocean Towing, Inc. v. Florida Unemployment Appeals Commission

37 So. 3d 968, 2010 Fla. App. LEXIS 8952, 2010 WL 2472200

CourtDistrict Court of Appeal of Florida

DecidedJune 21, 2010

Docket1D09-6543

StatusPublished

Cited by2 cases

This text of 37 So. 3d 968 (Dann Ocean Towing, Inc. v. Florida Unemployment Appeals Commission) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dann Ocean Towing, Inc. v. Florida Unemployment Appeals Commission, 37 So. 3d 968, 2010 Fla. App. LEXIS 8952, 2010 WL 2472200 (Fla. Ct. App. 2010).

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Opinion

PER CURIAM.

In this unemployment benefits appeal, the record demonstrates that the appeals referee correctly concluded that appellant failed to prove that its employee was discharged for misconduct connected with his work because it failed to demonstrate that the drug test the employee allegedly failed was conducted in compliance with the requirements of section 443.101(11), Florida Statutes (2008). Accordingly, the Unemployment Appeals Commission correctly affirmed the referee’s decision. The record further demonstrates that the federal preemption argument appellant makes on appeal was not raised before the referee and, therefore, was waived. See generally New Pointe, Inc. v. Unemployment Appeals Comm’n, 932 So.2d 360, 361 (Fla. 2d DCA 2006) (the employer may not make legal arguments for the first time on appeal). Accordingly, we affirm.

AFFIRMED.

WEBSTER, WETHERELL, and MARSTILLER, JJ., concur.

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PER CURIAM.

In this unemployment benefits appeal, the record demonstrates that the appeals referee correctly concluded that appellant failed to prove that its employee was discharged for misconduct connected with his work because it failed to demonstrate that the drug test the employee allegedly failed was conducted in compliance with the requirements of section 443.101(11), Florida Statutes (2008). Accordingly, the Unemployment Appeals Commission correctly affirmed the referee’s decision. The record further demonstrates that the federal preemption argument appellant makes on appeal was not raised before the referee and, therefore, was waived. See generally New Pointe, Inc. v. Unemployment Appeals Comm’n, 932 So.2d 360, 361 (Fla. 2d DCA 2006) (the employer may not make legal arguments for the first time on appeal). Accordingly, we affirm.

AFFIRMED.

WEBSTER, WETHERELL, and MARSTILLER, JJ., concur.

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37 So. 3d 968, 2010 Fla. App. LEXIS 8952, 2010 WL 2472200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dann-ocean-towing-inc-v-florida-unemployment-appeals-commission-fladistctapp-2010.

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