Goldstein v. Lulu's
Goldstein v. Lulu's
Opinion of the Court
Arthur J. Goldstein appeals from an order affirming the Appeals Referee’s determination that he is hable for repayment of $3,000.00 in unemployment compensation benefits. For the following reasons, we reverse.
After losing his job, the claimant received unemployment compensation benefits. While he was receiving those benefits, he formed a corporation that purchased a business as an investment. The claimant drew no income from that investment.
The agency sought repayment of $3,000.00 in unemployment compensation benefits that the claimant had received after purchasing the business, on the ground that he was not “unemployed” once he began to manage his investment. An individual is “deemed ‘totally unemployed’ in any week during which he performs no services and with respect to which no earned income is payable to him.” § 443.036(32), Fla. Stat. (1995) (emphasis added). “Earned income” is defined as “gross remuneration derived from work, professional service, or self-employment but does not include income derived from invested capital or oumership of property.”
REVERSED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.