WILNER BOBO, APPELLANT,
v.
CATERAIR INTERNATIONAL CORPORATION, AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
WILNER BOBO, APPELLANT,
CATERAIR INTERNATIONAL CORPORATION, AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
657 So. 2d 4
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
We reverse the Florida Unemployment Appeals Commission’s order denying appellant unemployment benefits. We hold that the record does not support a finding of theft by appellant. The evidence demonstrates that appellant’s conduct did not rise to the level of “wilful or wanton disregard of an employer’s interests_” § 443.036(26)(a), Fla.Stat. (1993); Adams v. Burdines, Inc., 600 So. 2d 1233, 1234 (Fla. 3d DCA 1992); Fredericks v. Florida Dept. of Commerce, 323 So. 2d 286, 288 (Fla. 2d DCA 1975).
Reversed and remanded.
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Oisorio v. State, 676 So. 2d 1363 (Fla. 1996)…WELLS, Justice. We have for review State v. Oisorio, 657 So. 2d 4 (Fla. 3d DCA 1995), which expressly and directly conflicts with the opinion in Gill v. State, 632 So. 2d 660 (Fla. 2d DCA 1994). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We find that a defendant claiming ineffective assistance of counsel…
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Jordan v. State, 728 So. 2d 748 (Fla. 3d DCA 1998)…n of the merits. See Fla. S.Ct. Internal Operating Procedures § IIA(2); Fla. R.App. P. 9.120. Because resolution of the Maddox conflict would not make a difference in this case, we decline to invoke the certification procedure. See State v. Oisorio, 657 So. 2d 4, 5-6 (Fla. 3d DCA 1995), approved on other grounds, 676 So. 2d 1363 (Fla. 1996).3 Motion for rehearing and certification denied. . § 924.051, Fla. Stat. (Supp.1996). . Although it does not have an impact in this case, Weiss held that the time int…
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Elton Pryor Hicks v. State, 666 So. 2d 1021 (Fla. 4th DCA 1996)…el, the defendant need not also satisfy the second prong of Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, 693 (1984), specifically, that the deficient performance prejudiced the defense). Contra State v. Oisorio, 657 So. 2d 4 (Fla. 3d DCA 1995) (holding that where the defendant claims he was deprived of the right to testify by reason of ineffective assistance of trial counsel, both prongs of the Strickland test must be satisfied in order to obtain post-conviction relief)…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Willis v. State, 323 So. 2d 286 (Fla. 3d DCA 1975)
- Fredericks v. Fla. Dep't OF Commerce, 323 So. 2d 286 (Fla. 2d DCA 1975)
- Adams v. Burdines, Inc., 600 So. 2d 1233 (Fla. 3d DCA 1992)