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Seifried v. Shell Lumber & Hardware Company

Citations: 619 So. 2d 526; 1993 Fla. App. LEXIS 6669Docket: No. 93-281

Court: District Court of Appeal of Florida; June 22, 1993; Florida; State Appellate Court

Narrative Opinion Summary

The appeals referee found the appellant not guilty of misconduct, a determination supported by competent evidence. This finding was unjustifiably overturned by the Unemployment Appeals Commission, which reached its own conclusion of misconduct contrary to the referee's decision. The court cited relevant case law, specifically Varig Brazilian Airlines v. Florida Department of Commerce, Cheung v. Executive China Doral, Inc., and Iglesias v. Eagle Nat’l Bank of Miami, to support its ruling. Consequently, the lower order was reversed, directing that unemployment benefits be granted to the appellant, Seifried. Chief Judge Schwartz and Judge Baskin concurred with the decision.

Legal Issues Addressed

Judicial Review of Unemployment Decisions

Application: The court reversed the Unemployment Appeals Commission's decision as it unjustifiably overturned the referee's finding, thereby reinstating the appellant's eligibility for unemployment benefits.

Reasoning: This finding was unjustifiably overturned by the Unemployment Appeals Commission, which reached its own conclusion of misconduct contrary to the referee's decision.

Precedential Case Law in Unemployment Appeals

Application: The court relies on established case law to guide its decision to reverse the lower order granting unemployment benefits.

Reasoning: The court cited relevant case law, specifically Varig Brazilian Airlines v. Florida Department of Commerce, Cheung v. Executive China Doral, Inc., and Iglesias v. Eagle Nat’l Bank of Miami, to support its ruling.

Standard of Review for Agency Decisions

Application: The court holds that an agency's decision to overturn a referee's finding of no misconduct must be supported by competent evidence and cannot be arbitrary.

Reasoning: The appeals referee found the appellant not guilty of misconduct, a determination supported by competent evidence.