Florida District Courts of Appeal, 2006

Garcia v. Florida Unemployment Appeals Commission

Florida District Courts of Appeal · Decided March 15, 2006 · Gersten, Green, Schwartz

923 So. 2d 1193; 2006 Fla. App. LEXIS 3572; 2006 WL 626055 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Casales v. Rezdrums 2 Inc. (Fla. Dist. Ct. App. 2006)

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Opinion of the Court

PER CURIAM.

Ramon Garcia (Garcia) appeals the Unemployment Appeals Commission’s order affirming the disqualification of Garcia’s unemployment compensation benefits.

Because the record does not contain substantial competent evidence to support a finding of misconduct serious enough to disqualify Garcia from receiving unemployment compensation benefits, we reverse. See Mitchell v. Fla. Unemployment Appeals Comm’n, 804 So.2d 618 (Fla. 3d DCA 2002)(although work attitude and demean- or may not have been appropriate, there *1194was no evidence of misconduct serious enough to warrant disqualification from receiving unemployment benefits); Carmona v. Fla. Unemployment Appeals Comm’n, 826 So.2d 1014 (Fla. 3d DCA 2001); Benitez v. Girlfriday, Inc., 609 So.2d 665, 666 (Fla. 3d DCA 1992). Accordingly, we reverse and remand with directions to afford Garcia the benefits he claimed.

Reversed and remanded.

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