RICKY E. KELLY, SR., APPELLANT,
v.
FLORIDA MINING & MATERIALS CORPORATION AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
Explore caselaw by topic → Browse Misconduct For Unemployment Benefits cases and more on FLexlaw
[*1102] PER CURIAM.
Appellant, Ricky E. Kelly, Sr., appeals the order of the Florida Unemployment Appeals Commission reversing the Unemployment Appeals Referee’s order awarding unemployment compensation benefits to appellant. On appeal, appellant raises two issues. First, appellant argues that the Commission erred in reversing the referee’s factual finding that appellant was discharged for reasons other than misconduct, such finding being supported by competent, substantial evidence. We agree. The order of the Commission is reversed and the case remanded to the Commission for entry of an order consistent with this opinion. In light of this disposition, we find it unnecessary to address the second issue raised on appeal.
REVERSED and REMANDED for entry of an order consistent with this opinion.
MINER, WEBSTER and MICKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cesar v. Reemployment Assistance Appeals Comm'n & GHM Hollywood Mar LLC., 121 So. 3d 1181 (Fla. 1st DCA 2013)…reweigh the referee’s factual findings where such findings are supported by substantial competent evidence in the record); Rex v. Fla. Unemployment Appeals Comm’n, 634 So. 2d 257, 258 (Fla. 2d DCA 1994) (same); Kelly v. Fla. Min. & Materials Corp., 626 So. 2d 1101, 1102 (Fla. 1st DCA 1993) (same); Rhodes, Inc. v. Gosha, 496 So. 2d 898, 899 (Fla. 1st DCA 1986) (same). See also Eulo v. Fla. Unemployment Appeal Comm’n, 724 So. 2d 636, 637 (Fla. 2d DCA 1999) (holding the Commission may-not modify the facts to rea…