CHRISTOPHER E. SMITH, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND DGP INVESTMENTS, INC., APPELLEES
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PER CURIAM.
We reverse the order of the Unemployment Appeals Commission because the Commission erred in reversing the finding of the appeals referee. While the appeals referee determined that appellee had been terminated when the employer failed to include him on the regular employee shift assignments, the Board found that he had not been terminated then but was terminated later for cause when he failed to show up at a meeting with the employer to discuss the situation. There was substantial competent evidence to support the referee’s conclusion that appellant was terminated at the earlier date. The U.A.C. cannot reweigh the evidence or reverse the referee when her decision is based on substantial competent evidence. See Forkey & Kirsch, P.A. v. Unemployment Appeals Comm’n, 407 So. 2d 319 (Fla. 4th DCA 1981) and Citrus Central v. Detwiler, 368 So. 2d 81 (Fla. 4th DCA 1979).
We therefore reverse and remand with instructions to reinstate the appeals referee’s decision.
DOWNEY, LETTS and WARNER, JJ., concur.
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del Valle v. State, 80 So. 3d 999 (Fla. 2011)…ermine both the defendant’s ability to pay and the amount owed.” (citing Allen v. State, 718 So. 2d 1264 (Fla. 2d DCA 1998); Faulkner v. State, 620 So. 2d 794 (Fla. 1st DCA 1993); Burch v. State, 617 So. 2d 846 (Fla. 4th DCA 1993); Denmark v. State, 588 So. 2d 324 (Fla. 4th DCA 1991))). . Sections 985.437 and 985.0301, Florida Statutes (2011), pertain to restitution ordered in the juvenile context. . See ch. 84-363, § 5, Laws of Fla. . The Legislature has made only minor grammatical changes to the provisio…
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Dina J. Grossman v. Jewish Cmty. Ctr. OF Greater Fort Lauderdale Inc., 704 So. 2d 714 (Fla. 4th DCA 1998)…1992). The UAC may reverse the referee’s findings of fact, however, where there is no competent, substantial evidence in the record to support the referee’s decision. § 120.57, Fla. Stat. (1995); see also Smith v. Fla. Unemployment Appeals Comm’n, 588 So. 2d 324, 324 (Fla. 4th DCA 1991). Overall, the UAC cannot reweigh the evidence and substitute its findings for those of the referee. Studor Inc. v. Duren, 635 So. 2d 141, 142 (Fla. 2d DCA 1994). In reviewing a substituted conclusion by the UAC, this court m…
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Dorel Campeanu v. Fla. Unemployment Appeals Comm'n & Jack Eckerd Corp., 629 So. 2d 1015 (Fla. 4th DCA 1993)…an appeals referee’s findings of fact and conclusions of law, the commission may do so only where there is no competent, substantial evidence in the record to support the appeals referee’s decision. See Smith v. Florida Unemployment Appeals Comm’n, 588 So. 2d 324 (Fla. 4th DCA 1991); Forkey v. Kirsch, P.A. v. Unemployment Appeals Comm’n, 407 So. 2d 319 (Fla. 4th DCA 1981). Our review of the instant record revealed competent, substantial evidence to support the appeals referee’s decision. [*1017] The record r…
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- John v. Smith and Lucy L. Smith, 368 So. 2d 81 (Fla. 4th DCA 1979)
- Forkey & Kirsch, P. A. v. Unemployment Appeals Comm'n, 407 So. 2d 319 (Fla. 4th DCA 1981)