Shear Enterprises, LLC v. Reemployment Assistance Appeals Commission
Docket: No. 2D12-5421
Court: District Court of Appeal of Florida; December 10, 2013; Florida; State Appellate Court
Shear Enterprises, LLC (Shear) appealed the Reemployment Assistance Appeals Commission’s (RAAC) order that upheld the appeals referee’s decision granting David Casey unemployment benefits. Shear argued that newly discovered text messages indicated Casey voluntarily quit rather than being fired, which contradicted his claim. The RAAC, while hearing the appeal, did not address this new evidence in its decision. The court found that Shear is entitled to a ruling on its request regarding the newly discovered evidence, and the RAAC must consider this evidence as part of its decision-making process. Citing relevant case law, the court reversed the RAAC's order and remanded the case for further consideration of the evidence. Judges Kelly and Morris concurred with the decision.