United Forming, Inc. v. Florida Unemployment Appeals Commission

District Court of Appeal of Florida

United Forming, Inc. v. Florida Unemployment Appeals Commission

10 So. 3d 691, 2009 Fla. App. LEXIS 4306, 2009 WL 1230715

CourtDistrict Court of Appeal of Florida

DecidedMay 7, 2009

Docket1D08-3337

StatusPublished

This text of 10 So. 3d 691 (United Forming, Inc. 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

United Forming, Inc. v. Florida Unemployment Appeals Commission, 10 So. 3d 691, 2009 Fla. App. LEXIS 4306, 2009 WL 1230715 (Fla. Ct. App. 2009).

Pincite

Opinion

PER CURIAM.

Appellant, United Forming, Inc., challenges an order of the Florida Unemployment Appeals Commission (“Commission”), arguing that the Commission erred in reversing the appeals referee’s decision, in which she found that Claimant, Calvin Thornton, was disqualified from receiving unemployment benefits. We agree that the Commission erred in reweighing the evidence and in rejecting the referee’s conclusion of law that Claimant’s actions constituted misconduct connected with work. See Howell & O’Neal v. Fla. Unemployment Appeals Comm’n, 934 So.2d 570, 575 (Fla. 1st DCA 2006) (noting that the Commission cannot reweigh the evidence and substitute its findings for those of the referee).

Accordingly, we REVERSE the Commission’s order and REMAND with directions that the Commission enter an order consistent with the referee’s decision.

ALLEN, WOLF, and DAVIS, JJ., concur.

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

PER CURIAM.

Appellant, United Forming, Inc., challenges an order of the Florida Unemployment Appeals Commission (“Commission”), arguing that the Commission erred in reversing the appeals referee’s decision, in which she found that Claimant, Calvin Thornton, was disqualified from receiving unemployment benefits. We agree that the Commission erred in reweighing the evidence and in rejecting the referee’s conclusion of law that Claimant’s actions constituted misconduct connected with work. See Howell & O’Neal v. Fla. Unemployment Appeals Comm’n, 934 So.2d 570, 575 (Fla. 1st DCA 2006) (noting that the Commission cannot reweigh the evidence and substitute its findings for those of the referee).

Accordingly, we REVERSE the Commission’s order and REMAND with directions that the Commission enter an order consistent with the referee’s decision.

ALLEN, WOLF, and DAVIS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

10 So. 3d 691, 2009 Fla. App. LEXIS 4306, 2009 WL 1230715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-forming-inc-v-florida-unemployment-appeals-commission-fladistctapp-2009.

Opinion

Related

Cite This Page — Counsel Stack