Florida District Courts of Appeal, 1998

Demola v. Metropolitan Dade County

Florida District Courts of Appeal · Decided July 29, 1998 · Cope, Fletcher, Shevin

713 So. 2d 1118; 1998 Fla. App. LEXIS 9573; 1998 WL 422312 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Affirmed.

FLETCHER and SHEVIN, JJ., concur.

Dissenting Opinion

COPE, Judge,

dissenting.

Because appellant was acting consistently with advice given by counsel, see Chery v. Flagship Airlines, Inc., 692 So.2d 213 (Fla. 3d DCA 1997), I do not believe that he can be viewed as guilty of “misconduct” for purposes of the unemployment compensation law. See Hummer v. Unemployment Appeals Comm’n, 573 So.2d 135 (Fla. 5th DCA 1991).

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