Florida District Courts of Appeal, 1993

Godfrey v. Unemployment Appeals Commission

Godfrey v. Unemployment Appeals Commission
Florida District Courts of Appeal · Decided March 24, 1993 · Anstead, Owen, Warner, William
615 So. 2d 281; 1993 Fla. App. LEXIS 3776; 1993 WL 80601 (Southern Reporter, Second Series)

Godfrey v. Unemployment Appeals Commission

Opinion of the Court

PER CURIAM.

AFFIRMED.

WARNER, J„ and OWEN, WILLIAM C., Jr., Senior Judge, concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

I would reverse because I find no evidence of wilful misconduct on the part of the employee who has been denied unemployment compensation benefits. To the contrary, the evidence presented to the hearing examiner indicates that the employee was careless due to the circumstances prevailing at the time. This act of carelessness may be a ground to discharge the employee, but it is not sufficient to deprive her of unemployment benefits. See Johnson v. Fla. Unemployment Appeals Comm’n, 513 So.2d 1098 (Fla. 3d DCA 1987).

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