WILNER BOBO, APPELLANT,
v.
CATERAIR INTERNATIONAL CORPORATION, AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Fla. 3d DCA | 1995-04-05
No. 94-1206
Before NESBITT, BASKIN and GERSTEN, JJ.
657 So. 2d 4 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

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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    …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…
  • 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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