Sun States Services, Inc. v. Grasiano

District Court of Appeal of Florida

Sun States Services, Inc. v. Grasiano

714 So. 2d 1177, 1998 Fla. App. LEXIS 9678, 1998 WL 428863

CourtDistrict Court of Appeal of Florida

DecidedJuly 31, 1998

DocketNo. 97-03917

StatusPublished

This text of 714 So. 2d 1177 (Sun States Services, Inc. v. Grasiano) 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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Sun States Services, Inc. v. Grasiano, 714 So. 2d 1177, 1998 Fla. App. LEXIS 9678, 1998 WL 428863 (Fla. Ct. App. 1998).

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Opinion

FRANK, Judge.

Sun States Services, Inc. appeals from the order of the Unemployment Appeals Commission upholding the referee’s determination that Helen Grasiano, the claimant, is eligible for unemployment compensation benefits. We reverse.

[1178]*1178Sun States argues that this ease should be remanded to the UAC for a determination of whether Grasiano, a temporary employee of Sun States who was permitted by it to refuse work, was “able and available for work” within the meaning of section 443.091(l)(e)l, Florida Statutes (1995). We agree with Sun States’ position. See Sun States Services, Inc. v. Florida Unemployment Appeals Comm’n, 629 So.2d 858 (Fla. 5th DCA 1993). Moreover, the UAC concedes that Sun States should be permitted to seek a determination of this issue.

Accordingly, we reverse and remand.

CAMPBELL, A.C.J., and GREEN, J., concur.

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FRANK, Judge.

Sun States Services, Inc. appeals from the order of the Unemployment Appeals Commission upholding the referee’s determination that Helen Grasiano, the claimant, is eligible for unemployment compensation benefits. We reverse.

[1178]*1178Sun States argues that this ease should be remanded to the UAC for a determination of whether Grasiano, a temporary employee of Sun States who was permitted by it to refuse work, was “able and available for work” within the meaning of section 443.091(l)(e)l, Florida Statutes (1995). We agree with Sun States’ position. See Sun States Services, Inc. v. Florida Unemployment Appeals Comm’n, 629 So.2d 858 (Fla. 5th DCA 1993). Moreover, the UAC concedes that Sun States should be permitted to seek a determination of this issue.

Accordingly, we reverse and remand.

CAMPBELL, A.C.J., and GREEN, J., concur.

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714 So. 2d 1177, 1998 Fla. App. LEXIS 9678, 1998 WL 428863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sun-states-services-inc-v-grasiano-fladistctapp-1998.

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