VIRGINIA S. DIAZ, APPELLANT,

v.

WINN-DIXIE STORE, INC., ET AL., APPELLEES

Fla. 3d DCA | 1991-10-29

No. 91-1232

Before SCHWARTZ, C.J., and FERGUSON and GERSTEN, JJ.

587 So. 2d 677 Florida District Court of Appeal, Third District (1991) Positive Treatment

Cited by 3 cases

Topics

Good Cause Attributable To Employer Unemployment Compensation Benefits Competent Substantial Evidence

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Opinion of the Court

PER CURIAM.

The appeals referee’s conclusions that the appellant “left [her] employment with good cause attributable to the employer” [e.s.], see § 443.101(1)(a), Fla.Stat. (1989), having made all reasonable efforts to preserve her employment, Glenn v. Florida Unemployment Appeals Commission, 516 So. 2d 88 (Fla. 3d DCA 1987), are supported by substantial competent evidence and the applicable law. See Kan v. P. G. Cook As socs., 566 So. 2d 932 (Fla. 3d DCA 1990); Kralj v. Florida Unemployment Appeals Comm’n, 537 So. 2d 201 (Fla. 2d DCA 1989); Glenn, 516 So. 2d at 88. The commission therefore improperly set them aside. Kan, 566 So. 2d at 932; see Florida Industrial Comm’n v. Ciarlante, 84 So. 2d 1 (Fla.1955); Perez v. State Dep’t of Labor & Employment, 377 So. 2d 806 (Fla. 3d DCA 1979). Consequently, the order under review denying unemployment compensation benefits is reversed and the cause is remanded with directions to afford the appellant the benefits claimed.

Reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Nelson v. Burdines, Inc., 611 So. 2d 1329 (Fla. 3d DCA 1993)

…upon such inconsistent statement and demeanor displayed, and an all conflicts are resolved completely in favor of the claimant. We reverse with directions to reinstate the unemployment compensation.1 See and compare Diaz v. Winn-Dixie Store, Inc., 587 So. 2d 677 (Fla. 3d DCA 1991); AT & T Communications, Inc. v. Johnson, 582 So. 2d 177 (Fla. 3d DCA 1991); Kan v. P.G. Cook Assoc., 566 So. 2d 932 (Fla. 3d DCA 1990); Johnson v. Florida Unemployment Appeals Comm’n, 513 So. 2d 1098 (Fla. 3d DCA 1987); Verner v.…
Kelly v. Unemployment Appeals Comm'n, 823 So. 2d 275 (Fla. 5th DCA 2002)

…horized to disregard them, the Commission's order must be reversed and the cause remanded to reinstate the referee’s decision awarding benefits); Aleman; Savage v. Macy’s East, Inc., 708 So. 2d 689 (Fla. 3d DCA 1998); Diaz v. Winn Dixie Store, Inc., 587 So. 2d 677 (Fla. 3d DCA 1991) (reversing the order under review denying unemployment compensation benefits and remanding with directions to afford the employee the benefits claimed); Forkey & Kirsch, P.A. v. Unemployment Appeals Comm’n, 407 So. 2d 319 (Fla. 4t…
Iglesias v. Eagle Nat'l Bank OF Miami, 598 So. 2d 262 (Fla. 3d DCA 1992)

…esses the referee chooses the claimant’s testimony as more credible whenever conflicts occur. On this appeal from the Unemployment Appeals Commission’s reversal of this decision, it is enough to adopt our opinion in Diaz v. Winn-Dixie Stores, Inc., 587 So. 2d 677 (Fla. 3d DCA 1991): The appeals referee’s conclusions that the appellant “left [his] employment with good cause attributable to the employer” [e.s.], see § 443.101(1)(a), Fla.Stat. (1989), having made all reasonable efforts to preserve her employm…

Authorities Cited

Fla. Indus. Comm'n v. Ciarlante, 84 So. 2d 1 (Fla. 1955)
Perez v. State, 377 So. 2d 806 (Fla. 3d DCA 1979)
Glenn v. Fla. Unemployment Appeals Comm'n, 516 So. 2d 88 (Fla. 3d DCA 1987)
The Dep't OF Health & Rehabilitative Servs. OF the State OF Fla. v. Ondrizek, 566 So. 2d 932 (Fla. 3d DCA 1990)
Piper v. State, 537 So. 2d 201 (Fla. 2d DCA 1989)
Kralj v. Fla. Unemployment Appeals Comm'n & Coca-Cola Co., 537 So. 2d 201 (Fla. 2d DCA 1989)

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