ROBERT R. GAILFOIL, APPELLANT,
v.
WINN DIXIE, AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
ROBERT R. GAILFOIL, APPELLANT,
WINN DIXIE, AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
637 So. 2d 378
Florida District Court of Appeal, Third District (1994)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Appellant, Robert R. Gailfoil, appeals a denial of his unemployment benefits. We reverse.
Succinctly, appellant took on a job that he was physically unable to perform. Unfortunately, he discovered this physical malady shortly after commencing employment. Regardless of the various contested facts, appellant was simply unable to physically continue at this job. Based upon this court’s recent decision in Vajda v. Florida Unemployment Appeals Comm’n, 610 So. 2d 645 (Fla. 3d DCA 1992), which relies upon Herman v. Florida Dep’t of Commerce, Indus. Relations Comm’n, 323 So. 2d 608 (Fla. 3d DCA 1975), we reverse and remand with directions to pay appellant’s unemployment benefits.
Reversed and remanded with directions.
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Citator
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Altas Allen v. State, 666 So. 2d 259 (Fla. 4th DCA 1996)…herefore, since it is unclear whether the trial court intended to revoke Allen’s probation as well, we remand with directions that the trial court either enter an order revoking Allen’s probation or correct the illegal sentence. See Padrón v. State, 637 So. 2d 378 (Fla. 3d DCA 1994). AFFIRMED WITH DIRECTIONS. STONE and POLEN, JJ., concur.…
Authorities Cited
- Herman v. Fla. Dep't OF Commerce, 323 So. 2d 608 (Fla. 3d DCA 1975)
- Vajda v. Fla. Unemployment Appeals Comm'n, 610 So. 2d 645 (Fla. 3d DCA 1992)