Florida District Courts of Appeal, 1979

Garcia v. Department of Commerce, Board of Review

Garcia v. Department of Commerce, Board of Review
Florida District Courts of Appeal · Decided March 6, 1979 · Carroll, Hendry, Ret, Schwartz
368 So. 2d 99; 1979 Fla. App. LEXIS 14574 (Southern Reporter, Second Series)

Garcia v. Department of Commerce, Board of Review

Opinion of the Court

PER CURIAM.

This is an appeal of a decision of an appeals referee of the Department of Commerce, Board of Review, State of Florida, holding that appellant was not entitled to unemployment benefits under her claim because she left her employment voluntarily without good cause attributable to her employer.

We have carefully considered the record, brief and argument of counsel and have concluded that the decision of the appeals referee was correct. No error having been shown, we therefore affirm.

Affirm.

Dissenting Opinion

SCHWARTZ, Judge

(dissenting).

In my view, there is nothing whatsoever in the record to support the finding of the referee that the petitioner voluntarily left her employment. The only evidence— which was not disputed by the employer in any way either at the hearing, at which it presented no witnesses, or in any of the subsequent proceedings, in which it did not even appear — was that she was fired. I would therefore reverse the determination under review.

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