Garcia v. Florida Unemployment Appeals Commission

District Court of Appeal of Florida

Garcia v. Florida Unemployment Appeals Commission

923 So. 2d 1193, 2006 Fla. App. LEXIS 3572, 2006 WL 626055

CourtDistrict Court of Appeal of Florida

DecidedMarch 15, 2006

DocketNo. 3D05-1934

StatusPublished

Cited by1 cases

This text of 923 So. 2d 1193 (Garcia 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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Garcia v. Florida Unemployment Appeals Commission, 923 So. 2d 1193, 2006 Fla. App. LEXIS 3572, 2006 WL 626055 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Ramon Garcia (Garcia) appeals the Unemployment Appeals Commission’s order affirming the disqualification of Garcia’s unemployment compensation benefits.

Because the record does not contain substantial competent evidence to support a finding of misconduct serious enough to disqualify Garcia from receiving unemployment compensation benefits, we reverse. See Mitchell v. Fla. Unemployment Appeals Comm’n, 804 So.2d 618 (Fla. 3d DCA 2002)(although work attitude and demean- or may not have been appropriate, there [1194]*1194was no evidence of misconduct serious enough to warrant disqualification from receiving unemployment benefits); Carmona v. Fla. Unemployment Appeals Comm’n, 826 So.2d 1014 (Fla. 3d DCA 2001); Benitez v. Girlfriday, Inc., 609 So.2d 665, 666 (Fla. 3d DCA 1992). Accordingly, we reverse and remand with directions to afford Garcia the benefits he claimed.

Reversed and remanded.

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PER CURIAM.

Ramon Garcia (Garcia) appeals the Unemployment Appeals Commission’s order affirming the disqualification of Garcia’s unemployment compensation benefits.

Because the record does not contain substantial competent evidence to support a finding of misconduct serious enough to disqualify Garcia from receiving unemployment compensation benefits, we reverse. See Mitchell v. Fla. Unemployment Appeals Comm’n, 804 So.2d 618 (Fla. 3d DCA 2002)(although work attitude and demean- or may not have been appropriate, there [1194]*1194was no evidence of misconduct serious enough to warrant disqualification from receiving unemployment benefits); Carmona v. Fla. Unemployment Appeals Comm’n, 826 So.2d 1014 (Fla. 3d DCA 2001); Benitez v. Girlfriday, Inc., 609 So.2d 665, 666 (Fla. 3d DCA 1992). Accordingly, we reverse and remand with directions to afford Garcia the benefits he claimed.

Reversed and remanded.

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923 So. 2d 1193, 2006 Fla. App. LEXIS 3572, 2006 WL 626055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-florida-unemployment-appeals-commission-fladistctapp-2006.

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