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Gevity HR v. Florida Unemployment Appeals Commission

Citations: 890 So. 2d 538; 2005 Fla. App. LEXIS 70Docket: No. 1D03-4165

Court: District Court of Appeal of Florida; January 10, 2005; Florida; State Appellate Court

Narrative Opinion Summary

The appellant contends that the Unemployment Appeals Commission (UAC) erred in reversing the appeals referee's decision that disqualified the claimant from unemployment benefits. The UAC improperly dismissed the appeals referee's findings, which were supported by competent substantial evidence, as established in Walz v. Reggie’s Seafood BBQ House, Inc. 718 So.2d 861 (Fla. 1st DCA 1998). Consequently, the order of the UAC is reversed, and the UAC is instructed to issue an order in alignment with the appeals referee's decision. Judges WOLF, WEBSTER, and HAWKES concur with this ruling.

Legal Issues Addressed

Reinstatement of Appeals Referee's Decision

Application: The court reversed the UAC's order and instructed the UAC to issue an order consistent with the appeals referee's original decision.

Reasoning: Consequently, the order of the UAC is reversed, and the UAC is instructed to issue an order in alignment with the appeals referee's decision.

Standard of Review for Reversal by Unemployment Appeals Commission

Application: The UAC's reversal of the appeals referee's decision was deemed improper because the referee's findings were supported by competent substantial evidence.

Reasoning: The UAC improperly dismissed the appeals referee's findings, which were supported by competent substantial evidence, as established in Walz v. Reggie’s Seafood BBQ House, Inc. 718 So.2d 861 (Fla. 1st DCA 1998).