Long v. Florida Unemployment Appeals Commission

District Court of Appeal of Florida

Long v. Florida Unemployment Appeals Commission

90 So. 3d 370, 2012 WL 2369489, 2012 Fla. App. LEXIS 10145

CourtDistrict Court of Appeal of Florida

DecidedJune 25, 2012

DocketNo. 1D12-0923

StatusPublished

This text of 90 So. 3d 370 (Long 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.

Bluebook

Long v. Florida Unemployment Appeals Commission, 90 So. 3d 370, 2012 WL 2369489, 2012 Fla. App. LEXIS 10145 (Fla. Ct. App. 2012).

Pincite

Opinion

PER CURIAM.

In this unemployment compensation appeal, the Unemployment Appeals Commission (“UAC”) reversed the appeals referee’s finding that the claimant/appellant, Tonya Long, had been discharged, instead concluding that the claimant voluntarily left her employment without good cause attributable to the employer. The UAC thereby reversed the determination of the claimant’s eligibility for unemployment benefits. The claimant appealed.

The UAC now moves to relinquish jurisdiction on the ground that it has determined the decision of the appeals referee in this case to be “internally inconsistent.” In its motion to relinquish jurisdiction, dated May 10, 2012, the UAC essentially concedes error, admitting that the claimant’s testimony “may support the referee’s ultimate conclusion that the claimant was discharged from her employment.”

The UAC’s motion to relinquish jurisdiction to the lower tribunal is treated as a concession of error. See Stacey v. Dep’t of Professional Regulation, 547 So.2d 241 (Fla. 1st DCA 1989). Consistent therewith, this matter is reversed and remanded.

REVERSED AND REMANDED.

DAVIS, WETHERELL, and SWANSON, JJ., concur.

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