Noriega, Chopp & Schatz, P.A. v. Pena
Noriega, Chopp & Schatz, P.A. v. Pena
Opinion of the Court
This is an appeal from an order of the Florida Unemployment Appeals Commission granting appellee Elizabeth Pena unemployment compensation benefits pursuant to her claim against her employer, Noriega, Chopp and Schatz, P.A., for wrongfully discharging her from her job as receptionist.
We hold that there was no abuse of discretion shown in the Commission’s denial of the employer’s motion for rehearing for the purpose of introducing additional evidence. It appears from the record that the employer neither requested nor suggested that a continuance of the hearing be granted for the purpose of presenting additional evidence. The request for a rehearing was made after the Appeals Referee had issued a decision granting benefits to the employee. Accordingly, the Commission did not abuse its discretion in denying the employer’s request to be allowed to introduce additional evidence under the facts and circumstances as appear from the record. See Florida Department of Transportation v. J.W.G. Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981); section 443.151(4)(c), Florida Statutes (1981).
As to the notice of hearing complained of, we hold that no reversible error has been made to appear. Appellant’s failure to raise this issue before either the Appeals Referee or the Commission precludes further review. Scott v. Florida Department of Commerce, Division of Employment Security, 353 So.2d 1192 (Fla. 3d DCA 1977).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.