Fine v. State Unemployment Appeals Commission

District Court of Appeal of Florida

Fine v. State Unemployment Appeals Commission

804 So. 2d 414, 2001 Fla. App. LEXIS 14169, 2001 WL 1189908

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 2001

DocketNo. 4D00-4095

StatusPublished

Cited by1 cases

This text of 804 So. 2d 414 (Fine v. State 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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Fine v. State Unemployment Appeals Commission, 804 So. 2d 414, 2001 Fla. App. LEXIS 14169, 2001 WL 1189908 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

We affirm the final order of the Unemployment Appeals Commission which affirmed the decision of the appeals referee denying benefits.

We have received the transcript of the hearing before the referee. Substantial competent evidence supports the referee’s finding that appellant quit his job as a bellman to accept a position at another hotel. Appellant was disqualified from receiving unemployment benefits since he voluntarily quit his job without good cause attributable to the employer. See § 443.101(1)(a), Fla. Stat. (2000); Ryals v. State Unemployment Appeals Comm’n, 722 So.2d 845, 846 (Fla. 2d DCA 1998) (affirming denial of benefits where employee quit job “primarily because he had procured employment elsewhere”).

Appellant also argues on appeal that it was a change in salary and work hours that compelled him to quit his job. We are precluded from considering this claim on appeal because it was not presented to the referee. See Tillman v. State, 471 So.2d 32, 35 (Fla.1985); Marion County Sch. Bd. v. Clark, 378 So.2d 831, 834 (Fla. 1st DCA 1979).

AFFIRMED.

POLEN, C.J., DELL and GROSS, JJ., concur.

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PER CURIAM.

We affirm the final order of the Unemployment Appeals Commission which affirmed the decision of the appeals referee denying benefits.

We have received the transcript of the hearing before the referee. Substantial competent evidence supports the referee’s finding that appellant quit his job as a bellman to accept a position at another hotel. Appellant was disqualified from receiving unemployment benefits since he voluntarily quit his job without good cause attributable to the employer. See § 443.101(1)(a), Fla. Stat. (2000); Ryals v. State Unemployment Appeals Comm’n, 722 So.2d 845, 846 (Fla. 2d DCA 1998) (affirming denial of benefits where employee quit job “primarily because he had procured employment elsewhere”).

Appellant also argues on appeal that it was a change in salary and work hours that compelled him to quit his job. We are precluded from considering this claim on appeal because it was not presented to the referee. See Tillman v. State, 471 So.2d 32, 35 (Fla.1985); Marion County Sch. Bd. v. Clark, 378 So.2d 831, 834 (Fla. 1st DCA 1979).

AFFIRMED.

POLEN, C.J., DELL and GROSS, JJ., concur.

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804 So. 2d 414, 2001 Fla. App. LEXIS 14169, 2001 WL 1189908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fine-v-state-unemployment-appeals-commission-fladistctapp-2001.

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