ALFREDO PION, APPELLANT,
v.
MIAMI PAPER & PLASTIC, INC. AND THE FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Fla. 3d DCA | 1997-09-17
No. 97-360
Before SCHWARTZ, C.J., and GODERICH and SORONDO, JJ.
698 So. 2d 1379 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 4 cases
Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

The appeals referee found that the appellant was discharged because “on September 4,1996, [he] refused to work with the owner’s wife.” Contrary to the conclusions below, this behavior did not amount to “misconduct” which disqualified him from unemployment compensation benefits. Phanco v. Unemployment Appeals Comm’n, 639 So. 2d 695 (Fla. 5th DCA 1994); see Cooks v. Unemployment Appeals Comm’n, 670 So. 2d 178 (Fla. 4th DCA 1996); Tanav v. DHL, 639 So. 2d 1053 (Fla. 3d DCA 1994); Benitez v. Girlfriday, Inc., 609 So. 2d 665 (Fla. 3d DCA 1992); Armstrong v. Unemployment Appeals Comm’n, 427 So. 2d 357 (Fla. 5th DCA 1983). Hence, the decision below is reversed with directions to afford Pion the benefits claimed.

Reversed.

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  • Savage v. MacY'S E., Inc., 719 So. 2d 1208 (Fla. 3d DCA 1998)
    …scores of cases by every district court of appeal, see Berry v. Scotty's, Inc., 711 So. 2d 575 (Fla. 2d DCA 1998); Hall v. Florida Unemployment Appeals Comm’n, 700 So. 2d 107 (Fla. 1st DCA 1997), and cases cited; Pion v. Miami Paper & Plastic, Inc., 698 So. 2d 1379 (Fla. 3d DCA 1997); Betancourt v. Sun Bank Miami, N.A., 672 So. 2d 37 (Fla. 3d DCA 1996), and cases cited; Phanco v. Unemployment Appeals Comm'n, 639 So. 2d 695 (Fla. 5th DCA 1994); Cooks v. Unemployment Appeals Comm'n, 670 So. 2d 178 (Fla. 4th DCA…
  • Costarell v. Fla. Unemployment Appeals Comm'n, 916 So. 2d 778 (Fla. 2005)
    …scores of cases by every district court of appeal, see Berry v. Scotty’s, Inc., 711 So. 2d 575 (Fla. 2d DCA 1998); Hall v. Florida Unemployment Appeals Comm’n, 700 So. 2d 107 (Fla. 1st DCA 1997), and cases cited; Pion v. Miami Paper & Plastic, Inc., 698 So. 2d 1379 (Fla. 3d DCA 1997); Betancourt v. Sun Bank Miami, N.A., 672 So. 2d 37 (Fla. 3d DCA 1996), and cases cited; Phanco v. Unemployment Appeals Comm’n, 639 So. 2d 695 (Fla. 5th DCA 1994); Cooks v. Unemployment Appeals Comm’n, 670 So. 2d 178 (Fla. 4th DCA…
  • Mompoint v. Ward Stone Coll., Inc., 701 So. 2d 1267 (Fla. 3d DCA 1997)
    …hill v. Publix Super Markets, Inc., 610 So. 2d 48 (Fla. 3d DCA 1992), review dismissed, 624 So. 2d 267 (Fla.1993). See generally Baber v. Florida Keyes Children’s Shelter, Inc., 701 So. 2d 125 (Fla. 3d DCA 1997); Pion v. Miami Paper & Plastic, Inc., 698 So. 2d 1379 (Fla. 3d DCA 1997). Accordingly, the order under review is reversed [*1268] with directions to afford the appellant the benefits claimed. Reversed.…

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