PETER M. PALMERE, APPELLANT,
v.
COMPUTERLAND AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
PETER M. PALMERE, APPELLANT,
COMPUTERLAND AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
626 So. 2d 1114
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The order of the Unemployment Appeals Commission is reversed. In rejecting the appeals referee’s holding that appellant was qualified for unemployment compensation benefits, the commission reweighed the evidence and included additional facts to justify its decision contrary to that of the referee. This is not permitted. See Forkey & Kirsch, P.A. v. Unemployment Appeals Comm’n, 407 So. 2d 319 (Fla. 4th DCA 1981); David Clark and Assocs. v. Kennedy, 390 So. 2d 149 (Fla. 1st DCA 1980). The referee’s decision was based on competent substantial evidence. The commission’s rejection of it was error. Reversed and remanded for reinstatement of the referee’s order. HERSEY, GUNTHER and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fink v. Fla. Unemployment Appeals Comm'n & Home Depot USA Inc., 665 So. 2d 373 (Fla. 4th DCA 1996)…iolation amounted to misconduct connected with work. Indeed, the UAC was duty bound to affirm the findings of misconduct made by the referee because those findings were based on competent, substantial evidence in the record. Palmere v. Computerland, 626 So. 2d 1114 (Fla. 4th DCA 1993); Jones v. Creative World School, Inc., 603 So. 2d 118 (Fla. 2d DCA 1992); David Clark & Assocs., Inc. v. Kennedy, 390 So. 2d 149 (Fla. 1st DCA 1980). Likewise, this court must affirm the decision of the UAC based on the well-esta…
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Wall v. Unemployment Appeals Comm'n, 682 So. 2d 1187 (Fla. 4th DCA 1996)…ain why she did not replace the lock on the door between her office and the thrift shop. The UAC may not “re-weight ] the evidence and include[ ] additional facts to justify its decision contrary to the that of the referee.” Palmere v. Computerland, 626 So. 2d 1114 (Fla. 4th DCA 1993); see also David Clark & Assocs., Inc. v. Kennedy, 390 So. 2d 149 (Fla. 1st DCA 1980). Since the UAC’s legal conclusion regarding appellant’s safety concerns was based on its impermissible reweighing of the facts and its substitu…
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Salazar v. Unemployment Appeals Comm'n, 674 So. 2d 937 (Fla. 4th DCA 1996)…PER CURIAM. We reverse the UAC’s decision denying benefits and remand with direction to reinstate the award made by the appeals referee. It is not the role of the UAC to modify or add facts. See Palmere v. Computerland, 626 So. 2d 1114 (Fla. 4th DCA 1993); David Clark & Assoc., Inc. v. Kennedy, 390 So. 2d 149 (Fla. 1st DCA 1980). GLICKSTEIN, WARNER and POLEN, JJ., concur.…
Authorities Cited
- David Clark & Assocs., Inc. v. Lowell E. Kennedy, Jr., 390 So. 2d 149 (Fla. 1st DCA 1980)
- Forkey & Kirsch, P. A. v. Unemployment Appeals Comm'n, 407 So. 2d 319 (Fla. 4th DCA 1981)