Johnston v. Homeowners Warehouse, Inc.

District Court of Appeal of Florida

Johnston v. Homeowners Warehouse, Inc.

654 So. 2d 934, 1994 Fla. App. LEXIS 3885, 1994 WL 146709

CourtDistrict Court of Appeal of Florida

DecidedApril 26, 1994

DocketNo. 93-2046

StatusPublished

Cited by2 cases

This text of 654 So. 2d 934 (Johnston v. Homeowners Warehouse, Inc.) 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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Johnston v. Homeowners Warehouse, Inc., 654 So. 2d 934, 1994 Fla. App. LEXIS 3885, 1994 WL 146709 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

We reverse the order of the Florida Unemployment Appeals Commission. In reversing the decision of the appeals referee, and denying claimant unemployment compensation benefits, the Commission rejected the referee’s findings of fact. The record reflects competent, substantial evidence to support the findings of fact of the appeals referee as to claimant’s reason for leaving her job and the nature of such employment. See Brechner v. Florida Indus. Comm’n, 148 So.2d 567 (Fla. 3d DCA 1963); § 443.231, Fla.Stat(1993). The Commission’s ruling exceeded its authorized scope of review, which precludes reweighing the evidence under these circumstances. Kan v. P.G. Cook Assoc., 566 So.2d 932 (Fla. 3d DCA 1990). Accordingly, the order is reversed and the cause remanded for proceedings consistent with this opinion.

Reversed and remanded.

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PER CURIAM.

We reverse the order of the Florida Unemployment Appeals Commission. In reversing the decision of the appeals referee, and denying claimant unemployment compensation benefits, the Commission rejected the referee’s findings of fact. The record reflects competent, substantial evidence to support the findings of fact of the appeals referee as to claimant’s reason for leaving her job and the nature of such employment. See Brechner v. Florida Indus. Comm’n, 148 So.2d 567 (Fla. 3d DCA 1963); § 443.231, Fla.Stat(1993). The Commission’s ruling exceeded its authorized scope of review, which precludes reweighing the evidence under these circumstances. Kan v. P.G. Cook Assoc., 566 So.2d 932 (Fla. 3d DCA 1990). Accordingly, the order is reversed and the cause remanded for proceedings consistent with this opinion.

Reversed and remanded.

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654 So. 2d 934, 1994 Fla. App. LEXIS 3885, 1994 WL 146709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-v-homeowners-warehouse-inc-fladistctapp-1994.

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