JOSE A. GARCIA, APPELLANT,

v.

DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Citator

Cited By

• Unemployment Appeals Comm'n v. Comer, 504 So. 2d 760 (Fla. 1987)
  …ate, Department of Labor, 418 So. 2d 1228 (Fla.3d DCA 1982), which held that section 443.151(6)(c) “must be read to apply to recovery by repayment as well as by recoupment from future benefits.” Id. at 1230. See Garcia v. State, Department of Labor, 426 So. 2d 1171 (Fla.3d DCA 1983) (applying Sagaert). In Sheppard, the Fourth District Court of [*762] Appeal disagreed, expressly rejecting Sag-aert, and stating that to allow the provision’s application to repayment proceedings would be an inappropriate invasion…
• Comer v. State, 481 So. 2d 67 (Fla. 3d DCA 1985)
  …time, the appellant can present arguments and evidence that repayment of the benefits would defeat the purpose of the Unemployment Compensation Law or would be against equity and good conscience. Garcia v. Department of Labor & Employment Security, 426 So. 2d 1171 (Fla. 3d DCA 1983); Sagaert v. State, Department of Labor & Employment Security Unemployment Appeals Commission, 418 So. 2d 1228 (Fla. 3d DCA 1982); see § 443.151(6)(b)-(d), Fla.Stat. (1983). We also certify this decision as being in express and dir…
• Renelus v. Fla. Unemployment Appeals Comm'n, 484 So. 2d 629 (Fla. 3d DCA 1986)
  …utes (1983) does not provide for waiver of recovery of unemployment compensation, is reversed on the authority of Comer v. State, Unemployment Appeals Commission, 481 So. 2d 67 (Fla. 3d DCA 1985); Garcia v. Department of Labor & Employment Security, 426 So. 2d 1171 (Fla. 3d DCA 1983); and Sagaert v. State, Department of Labor & Employment Security, 418 So. 2d 1228 (Fla. 3d DCA 1982). We also certify, as we did in Comer, that this decision is in express and direct conflict with Sheppard v. State, Department of…

Authorities Cited

• Sagaert v. State, 418 So. 2d 1228 (Fla. 3d DCA 1982)