STUDOR INCORPORATED, APPELLANT,
v.
GARY S. DUREN AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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Studor Incorporated appealed an Unemployment Appeals Commission decision awarding unemployment benefits to its former president Gary Duren, who was terminated for removing confidential computer tapes from the company after being demoted. The court reversed the UAC, holding that substantial competent evidence supported the referee's finding that Duren lacked authority to remove the tapes and thus committed misconduct disqualifying him from benefits.
Duren did not have authority to remove the tapes and therefore committed misconduct. The appeals referee's finding that Duren lacked authority was supported by substantial competent evidence, and the UAC erred in reversing that finding and reweighing the evidence.
[1] An unemployment appeals commission cannot reverse a referee's finding if there is substantial competent evidence in the record to support that finding.
[2] An unemployment appeals commission cannot reweigh evidence and substitute its findings for those of a referee.
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Join FLexlaw to unlock all legal intelligence“The UAC can reverse a referee's finding only if there is no substantial competent evidence in the record to support the finding.”
Establishes the standard of review for appellate challenges to a referee's findings
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Join FLexlaw to unlock all legal intelligenceGary Duren was president of Studor Incorporated until he was removed from that position and stripped of management authority following alleged financi…
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QUINCE, Judge.
Studor Incorporated (Studor) appeals an order of the Unemployment Appeals Commission (UAC), which held that Gary S. Du-ren was entitled to unemployment compensation benefits.
Duren is a former president of Studor. He was removed as company president and stripped of management authority after alleged financial improprieties. Subsequent to his demotion, Duren had an associate remove confidential computer tapes from Studor’s offices after hours. Duren was terminated for this act. Upon Duren’s seeking unemployment benefits, the appeals referee found Duren did not have authority to remove the tapes. Based on this finding the referee held Duren was disqualified because he had committed misconduct in connection with his employment under section 443.036(26), Florida Statutes (1991). The UAC reversed the referee, holding that Duren had authority to remove the tapes and therefore committed no misconduct.
The UAC can reverse a referee’s finding only if there is no substantial competent evidence in the record to support the finding. Verner v. State, Unemployment Appeals Com’n, 474 So. 2d 909 (Fla. 2d DCA 1985). The UAC cannot reweigh the evidence and substitute its findings for those of the referee. Id. at 911.
The referee considered the following in concluding that Duren had no authority to remove the tapes. Duren was demoted from company president and stripped of his management authority. The company notified its bank, credit card company, telephone company, and accountants that Duren no longer had authority to act on behalf of the company. Duren signed paperwork acknowledging his demotion and loss of management authority. Duren had an associate remove the tapes at night after hours, indicating that Duren believed he had no authority to remove the tapes in the normal course of business. Duren had no ready explanation why the tapes had to be removed for any company purpose.
The UAC reversed, however, finding that Duren had authority to remove the tapes. In doing so, the UAC noted that while it had been made clear to Duren that he had no authority over Studor’s money, he retained some management functions and had been given no indication that there were other duties he could no longer perform. The UAC also considered the fact that Duren had personal information on one of the five tapes.
The UAC cannot reweigh the evidence in this manner. Vener, 474 So. 2d at 911. There exists substantial competent evidence in the record to support the referee’s finding.
Accordingly, we reverse the decision of the UAC and reinstate the decision of the appeals referee.
CAMPBELL, A.C.J., and HALL, J., concur.
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Dina J. Grossman v. Jewish Cmty. Ctr. OF Greater Fort Lauderdale Inc., 704 So. 2d 714 (Fla. 4th DCA 1998)…ision. § 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 must assure that the correct rules of law were applied. See Public Employees Relations Comm’n v. Dade Co. Police Benevolent Assoc., 467 So. 2d 987, 989 (Fla.1985)(…
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Wall v. Unemployment Appeals Comm'n, 682 So. 2d 1187 (Fla. 4th DCA 1996)…ual findings for those of the referee unless the UAC determines that the referee’s findings were not based on competent substantial evidence. See, e.g., Georgia v. Unemployment Appeals Comm’n, 647 So. 2d 279 (Fla. 2d DCA 1994); Studor Inc. v. Duren, 635 So. 2d 141 (Fla. 2d DCA 1994); Copp v. 4126, Inc., 616 So. 2d 87 (Fla. 4th DCA 1993). However, it is within the discretion of the UAC to reach a different legal conclusion based upon the factual findings of the appeals referee. Ritenour v. Unemployment Appeals…
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Tedder v. Fla. Unemployment Appeals Comm'n & Barnett Banks, Inc., 697 So. 2d 900 (Fla. 2d DCA 1997)…ort the appeals referee’s factual determinations, the UAC cannot reweigh the evidence and substitute its findings of fact for those of the referee. See Georgia v. Unemployment Appeals Comm’n, 647 So. 2d 279 (Fla. 2d DCA 1994); Studor, Inc. v. Duren, 635 So. 2d 141 (Fla. 2d DCA 1994). The UAC’s conclusion that Tedder knew of Barnett’s policy constitutes a reweighing of the evidence, even though clothed as a legal conclusion. What Tedder “should have known” is a factual finding as well. Moreover, a factual fin…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Verner v. State, 474 So. 2d 909 (Fla. 2d DCA 1985)