Izquierdo v. Reemployment Assistance Appeals Commission

District Court of Appeal of Florida

Izquierdo v. Reemployment Assistance Appeals Commission

138 So. 3d 502, 2014 WL 1618557, 2014 Fla. App. LEXIS 5886

CourtDistrict Court of Appeal of Florida

DecidedApril 23, 2014

DocketNo. 3D12-3405

StatusPublished

This text of 138 So. 3d 502 (Izquierdo v. Reemployment Assistance 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.

Bluebook

Izquierdo v. Reemployment Assistance Appeals Commission, 138 So. 3d 502, 2014 WL 1618557, 2014 Fla. App. LEXIS 5886 (Fla. Ct. App. 2014).

Pincite

Opinion

CONFESSION OF ERROR

PER CURIAM.

Appellant, Hilda Izquierdo, appeals an order of the Commission. The Appellee Commission concedes that the referee’s decision finding that Appellant’s actions were fraudulent are erroneous and that the elements of fraud have not been met. See Grover v. Brumell Investigations, Inc., 915 So.2d 750 (Fla. 2d DCA 2005); Dawkins v. Florida Indus. Comm’n, 155 So.2d 153 (Fla. 2d DCA 1963). Based on this proper confession of error, we find that there was insufficient evidence for the referee to conclude that Appellant knowingly falsified her wage reports. Accordingly, the Commission’s order affirming the referee’s finding that Appellant was disqualified on the basis of fraud is reversed, and the cause is remanded for a recalculation of Appellant’s remaining overpayment, if any.

REVERSED AND REMANDED.

Free access — add to your briefcase to read the full text and ask questions with AI

CONFESSION OF ERROR

PER CURIAM.

Appellant, Hilda Izquierdo, appeals an order of the Commission. The Appellee Commission concedes that the referee’s decision finding that Appellant’s actions were fraudulent are erroneous and that the elements of fraud have not been met. See Grover v. Brumell Investigations, Inc., 915 So.2d 750 (Fla. 2d DCA 2005); Dawkins v. Florida Indus. Comm’n, 155 So.2d 153 (Fla. 2d DCA 1963). Based on this proper confession of error, we find that there was insufficient evidence for the referee to conclude that Appellant knowingly falsified her wage reports. Accordingly, the Commission’s order affirming the referee’s finding that Appellant was disqualified on the basis of fraud is reversed, and the cause is remanded for a recalculation of Appellant’s remaining overpayment, if any.

REVERSED AND REMANDED.

Cite This Page — Counsel Stack

Bluebook (online)

138 So. 3d 502, 2014 WL 1618557, 2014 Fla. App. LEXIS 5886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/izquierdo-v-reemployment-assistance-appeals-commission-fladistctapp-2014.

Opinion

Related

Cite This Page — Counsel Stack