CARLOS VARGAS
v.
ATLANTIC BEACH PAINTING, ET AL.
CARLOS VARGAS
ATLANTIC BEACH PAINTING, ET AL.
634 So. 2d 257
Florida District Court of Appeal, First District (1994)
Positive Treatment
Cited by 3 cases
Opinion of the Court
BY ORDER OF THE COURT:
In light of appellees/cross-appellants’ failure to respond to this court’s order of March 4, 1994, this court grants appellant/cross-appellee’s motion to withdraw our opinion of February 1, 1994, and dismisses the appeal.
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Cesar v. Reemployment Assistance Appeals Comm'n & GHM Hollywood Mar LLC., 121 So. 3d 1181 (Fla. 1st DCA 2013)…l Centers, Inc., 743 So. 2d 95, 97 (Fla. 2d DCA 1999) (holding the Commission may not 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.…
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Anessa N. Kriston v. Fla. Unemployment Appeals Comm'n, 693 So. 2d 689 (Fla. 2d DCA 1997)…ility of witnesses. The UAC is not permitted to reweigh the evidence or reinterpret evidence to arrive at a desired conclusion. See Freddo v. Unemployment Appeals Commission, 685 So. 2d 874 (Fla. 2d DCA 1996); Rex v. Unemployment Appeals Commission, 634 So. 2d 257 (Fla. 2d DCA 1994). The findings which form the basis of the UAC’s decision are in direct conflict with the referee’s findings of fact and are unsupported by competent substantial evidence. Therefore, we set aside the order pursuant to section 120.…
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City OF Largo v. Rodriguez, 884 So. 2d 121 (Fla. 2d DCA 2004)…tions as to the credibility of witnesses, reweigh evidence, or substitute its own judgment for that of the appeals referee. Doyle v. Fla. Unemployment Appeals Comm’n, 635 So. 2d 1028, 1030 (Fla. 2d DCA 1994); Rex v. Fla. Unemployment Appeals Comm’n, 634 So. 2d 257, 258 (Fla. 2d DCA 1994). An employee will be disqualified from unemployment benefits if she has been discharged by her employer for misconduct connected with work. § 443.101(1)(a), Fla. Stat. (2003). “[Dishonesty is and should be grounds for dismis…